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Terminations

Have counsel review arbitration agreement

11/10/2008

Do you use an arbitration policy to resolve workplace disputes? If so, it pays to have your attorney review that agreement to make sure it meets Florida contract law standards—especially if you operate in several states and use the same agreement for each location.

Warn managers: No negative comments on FMLA

11/10/2008

Anxiety about the economy and job prospects may adversely affect some employees, especially those prone to stress-related illnesses or whose physical problems flare up when working long hours. As a result, you may see an increase in requests for FMLA leave. Be careful not to criticize employees for trying to exercise their FMLA rights …

Cutting senior staff to save salary costs? Check impact on older workers

11/10/2008

One way to reduce your labor budget is to terminate staff members who are paid the most and replace them with employees who earn less. But be careful before you implement a layoff based on seniority.

HR must step up as economy takes a tumble

11/10/2008

As the impact of the global economic crisis takes hold, a quarter of U.S. employers expect to make layoffs in the next 12 months—if they haven’t already done so. However, most companies are focusing on increased employee communication and smaller cost-saving measures.

Changing employment contract? Get agreement in writing

11/10/2008

If some of your employees work under an employment contract that sets salary and other terms, be careful about changing anything. While you may need to cut salaries during tough economic times, doing so without getting a written modification is risky.

Include clear nonsolicitation language in agreement

11/10/2008

Don’t be shy about restricting employees from stealing customers when they leave. Your best bet is to include specific language and examples of the sort of solicitation you want to ban.

FGCU discrimination settlement unsettles athletics department

11/10/2008

Carl McAloose, the former Florida Gulf Coast University athletic director, said it only took him “about five seconds” to decide to resign after he heard the university had agreed to settle with Holly Vaughn, former women’s golf coach, and Jaye Flood, former women’s volleyball coach.

Track all discipline to show unbiased process

11/07/2008

The key to a sound discipline policy is equal treatment for all who commit similar offenses. You can’t decide to treat some employees more leniently than others without very good reason. And you’d better nail down that reason at the time you make the decision—not months or years later, after another employee has sued.

Make it there, make it anywhere: Don’t let NYC’s tough bias rules beat you

11/07/2008

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

Missed lunch invitations, cramped office aren’t enough to warrant lawsuit

11/07/2008

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.