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Terminations

Is California WARN different than the federal law?

12/08/2014
Q. As a California employer, am I required to follow the same 90-day aggregation rule that the federal WARN Act follows?

How does California’s plant closing law work?

12/08/2014
Q. Our company is going to have lay off a large number of employees. Are we required to give notice to the employees?

Unemployment: Track complaints that led to quitting

12/08/2014

You need clear lines of communication so employees can complain about workplace problems. That can protect you if an employee quits because of alleged harassment and then applies for unemployment benefits. He won’t be eligible if he never gives you a chance to fix the problem. Not using the company complaint process pretty much means the em­­ployee didn’t give his employer a chance, blocking benefits.

Don’t wait for prosecution: Fire violent worker

12/08/2014
Has an employee been arrested for threatening behavior involving a co-worker? You don’t have to wait for the criminal trial and conviction to discipline the employee. You don’t even have to reconsider if the police drop the charges. What matters is that you have an honest belief that the em­­ployee broke company conduct rules—even if you end up being wrong.

Quitting in anticipation of being fired bars benefits

12/08/2014
An employee who quits because he thinks he may be fired isn’t usually eligible for unemployment benefits. If there was still work available, quitting would have been unreasonable.

When disciplining, focus on words and actions

12/02/2014
Judges don’t expect you to put up with potentially dangerous employees. But if an employee believes he’s really being punished for something other than behavior, be careful. Focus on the employees’ actual behavior, not subjective “feelings” you got when observing him.

Dress Codes

12/01/2014

HR Law 101: Workplace dress codes touch on a variety of issues, including workplace safety, freedom of speech, personal hygiene, customer relations, religious freedom, the minimum wage and racial and gender stereotypes. Employers have a number of legitimate reasons for imposing a dress code, but court rulings have limited their options…

Getting the most out of exit interviews

11/24/2014
A team member’s departure offers a valuable opportunity to see how well the team is working and what might be done to improve conditions for future employees. Here are some guidelines to follow to get the most out of this conversation.

HIPAA: Compliance Rules

11/15/2014

HR Law 101: The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made changes to three areas of the continuing-coverage rules that apply to group health plans under COBRA …

Sloppy firing leads to suit? Offer reinstatement

11/10/2014

Here’s a tactic to limit the damage in a case of a firing gone wrong: Unconditionally offer to reinstate the employee. If she declines, you may not have to pay future lost wages after the offer date. The key is making sure there are absolutely no strings attached to the invitation to return to work.