While all terminations carry some inherent risk, there are some best practices that can reduce risk significantly: DocumentationGood, ongoing documentation is your best defense to any challenge, whether from the employee in the termination meeting, the state unemployment insurance department, the labor department, or opposing counsel in court. Be sure to document behavior and performance issues when they happen, conversations you have, disciplinary actions you take, and warnings to the employee about the consequences if they fail to improve. While there is no exact amount of documentation that will eliminate risk, more is generally better. We recommend that you have enough documentation
Many of us know that employee recognition and workplace culture have become critical components in retention, especially given the ongoing challenge of a tight labor market. To that end, perhaps you’ve designed a dynamic performance management and goal setting system for your employees. Or maybe you offer some great benefits for a flexible work/life balance. And we all know scheduling fun events – holiday parties, summer picnics, social outings – can go a long way to create a welcoming and positive workplace. Among all these efforts, though, sometimes employers lose sight of a long-standing piece of employee recognition: service awards. Length-of-service awards, also called achieve
Human Resources Outsourcing: Know The Differences Between A PEO & HRO Successfully running your organization means finding the most effective way to manage your employees' needs. As your company grows, you may want to consider outsourcing your HR functionality. For many employers, partnering with an outside vendor means choosing between a Human Resources Outsourcing (HRO) provider or a Professional Employer Organizer (PEO). Not sure which one makes most sense for your business? Knowing some key distinctions can help you make the right choice. PEO Basics - A Professional Employer Organizer essentially hires your employees directly. Acting as a co-employer for tax purposes, a PEO often
Our employees are required to attend sexual harassment prevention training. Do we need to pay for their time at training?
If an employer requires attendance at a training, then it generally must be paid. While this training may often be directed because of a state law, it is ultimately an employer-directed activity. Department of Labor guidance is that trainings and work events can only be non-work time (unpaid under the Fair Labor Standards Act) if all four of the following criteria are met: The training occurs outside of the employee's normal work hours;The training is completely voluntary (there will be no company-initiated consequences if the employee does not attend);The training is not specifically job-related (it may be tangentially related to their job, such as most continuing education
Calling an employee’s first 30, 90, or 120 days an introductory period doesn’t give an employer any special legal rights when it comes to termination (except in Montana, where after that period at-will employment is infringed upon). However, using the term “probationary period” to refer to the first few months of employment can get you into legal trouble. Content provided by TPC HR Support Center.
The federal Family and Medical Leave Act (FMLA) is one of several centerpiece employment laws requiring regular attention and administration for employers with 50 or more employees. Employers with less than 50 employees, who are not covered by federal FMLA, should also be aware of best practices for leave of absence requests. Undoubtedly the FMLA has seen its share of changes over the years, but it is clear the law is here to stay. A review of a few key areas can bring an employer a long way toward improved compliance. Ensure You Have Effective State Law Coordination. Many states have their own version of FMLA and, like other laws, employers are required to assure the most generous