By Lynne Curry Question: After an investigation, we fired one of our employees for threatening and stalking two co-workers. He now demands a positive letter of reference, which I'm writing. I tried to appease him with an innocuous letter that gave the dates on which he'd worked here along with what his job duties were. He refused to accept this, and frankly he scares … [Read more...] about Don’t write a positive reference for a problem employee; instead…
Termination
The least you need to know about at-will employment
By Paul Edwards At-will employment can seem freeing for employers, but it can also provide a false sense of security. On the one hand, it’s liberating to be able to terminate employees for any lawful reason at any time. On the other, unlawful termination—or activities that can be construed as such—can put you at risk for litigation and are not protected by the tenants of … [Read more...] about The least you need to know about at-will employment
Hiring mistakes come at a higher price amid pandemic
A hiring mistake could cost your office more today than it would have a year ago. New research from a global staffing firm shows more than three in four senior managers surveyed (77 per cent) admit to recruiting the wrong candidate for a role, and more than half (56 per cent) said the negative impact is more severe now than it was a year ago. Four months lost on one hiring … [Read more...] about Hiring mistakes come at a higher price amid pandemic
EEOC charges down but lawsuits rising
By Mike O’Brien bio EEOC data for FY2020 show dip in charges filed The Equal Employment Opportunity Commission (EEOC) released its Fiscal Year 2020 Enforcement and Litigation Data report on Feb. 26, 2021. The EEOC reports that 67,448 charges of discrimination were filed in the fiscal year ending Sept. 30, 2020, compared to 72,675 charges filed in the previous fiscal year. … [Read more...] about EEOC charges down but lawsuits rising
How HR regulations could change under Biden administration
By Mike O'Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage … [Read more...] about How HR regulations could change under Biden administration
How to Create a Legally Sound Substance Abuse Policy
Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot … [Read more...] about How to Create a Legally Sound Substance Abuse Policy
Supreme Court ruling extends workplace protections to LGBTQ workers
By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers … [Read more...] about Supreme Court ruling extends workplace protections to LGBTQ workers
Five reasons you need an employee handbook
By Julie Ellison bio For many employers, the idea of creating an Employee Handbook is overwhelming. But the importance of having one should outweigh that hesitancy given the peace of mind it can provide you while you are busy running your law firm or business. An Employee Handbook is your roadmap for what your employees can expect from you and what you expect from your … [Read more...] about Five reasons you need an employee handbook
New overtime rule now in effect
By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, … [Read more...] about New overtime rule now in effect
Hiring and firing risk factor: careless words
Today’s administrators need to be aware of the casual – albeit well meant – words that are bringing on claims of discrimination. Legal risks of both hiring and firing include careless words, says employment law attorney Donald W. Benson, a partner with Hall Booth Smith in Atlanta. The friendly hiring remark The dangers start with the interview, where a wrong comment can … [Read more...] about Hiring and firing risk factor: careless words