Symmetry provides outstanding human resource advice, support, and advocacy to start-up and small companies who do not have an in-house human resource team.
Call today on 877.218.3390
Love it or hate it, paid sick leave is an idea gaining momentum across the country. A handful of states and local governments have passed laws in the last five years guaranteeing the leave for a good many private-sector workers. It is projected to be on the ballot in the next major election cycle in 25 states.
With all the talk of moving the exemption status, we are seeing an up-tick in calls about managing issues with those employees who are exempt who struggle with employees straggling in late or not coming in at all is often at the top of the list of employer frustrations. The problem can lead employers to devise creative solutions, such as requiring management employees to clock in and even docking their pay when they’re late. But a solution that’s legal is more important than one that’s creative.
It's a good idea for an employer to maintain a personnel file for each employee. Documentation of employment history, records of contribution and achievement, disciplinary notices, promotions, performance development plans, and much more, belong in a personnel file. Smart employers keep more than one personnel file, too. The employer has good reasons to keep several personnel files - some legal and some for employment best practices purposes. Documentation is needed so the employer has an accurate view of an employee's employment history. Documentation supports the employer's decisions and may protect the employer in a lawsuit - preserved correctly.
It’s no secret that it doesn’t take much to poison the workplace atmosphere. Everyone gets bad-tempered at work sometimes. Chronic negativity is a different story. Co-workers who are consistently nasty and complaining can sap the very lifeblood out of your workplace. Here are six solutions for handling problem employees’ bad attitudes and unprofessional behavior before morale suffers.
Want to avoid lawsuits? Make your own case in advance so you can be more confident a law firm won’t want to take your ex-employee’s case. Plaintiff attorneys assess the opportunity before choosing to represent a client: your company’s policies and practices can discourage their interest. You can make sure it would be a bad investment for the attorneys.
How many times have you encountered these mistakes: • Employees disciplined for doing something they have a legal right to do-like take intermittent FMLA or make an EEO complaint • Inconsistent discipline that appears to be discrimination • Discipline without hearing the employee's side of the story • Overly harsh discipline to show "who's boss" • Overly lenient discipline for a well-liked worker • And-just as bad-failure to discipline when it is clearly called for. All these mistakes are understandable in untrained supervisors, but that doesn't mean the mistakes aren't expensive. Here are some basic tips for supervisors that make discipline easier to manage from day one.
Every employer has a legal duty to exercise due diligence in hiring. What If you don't do background screening? According to a recent California survey, employers lose 60 percent of negligent hiring cases with verdicts averaging about $3 million, and average settlements around $500,000 plus attorney fees. An employer can be sued for negligent hiring if it hires someone who it knew, or in the exercise of reasonable care should have known, was dangerous, unsafe, dishonest, or unfit for the particular job. Courts tend to assume that if you could have known, you should have known. So how much checking should you do? The jury will tell you.
Recently the American Bar Association released their statistic on Employment Related law suits. 127% increase in 2014 over 2015. But the more impressive number is that it is 900% increase over 5 years ago. This number isn’t driven by employers who have gone out of their way to purposefully do something expecting to get sued. Employers make mistakes and given how litigious we are, employees sue. Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to defend themselves if a termination is challenged in court:
Negative employee attitudes and less-than-professional behavior can poison the workplace atmosphere. Here are six solutions for real-life issues from subscribers on handling problem employees before morale suffers.
As an employer, you’ve probably heard the terms “reasonable accommodation.” It’s a hot button phrase tossed around, but rarely to managers and employers ask what those terms really mean. Who do you have to accommodate? What’s reasonable? These are all thorny questions that courts have been trying to suss out. This is a topic many employers with have to confront at some point—according to the American Council of Life Insurers, one in three workers between the ages of 35 and 65 will suffer a serious disability. First, who do you have to accommodate? Accommodation falls under two big government laws: the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 (Title VII). Today, we are going to talk about the ADA.