August 28th, 2019 by Fiona Ong at Shawe Rosenthal
FIona Ong discusses how a discrimination claim resulted from a manager apparently trying to protect an employee from racism. No good deed goes unpunished?
Maybe the best part is a federal district court used both the Oxford English Dictionary and Randy Newman to define "redneck".
August 28th, 2019 by Robin Shea at Constangy
Is Tourette syndrome a disability?
Is the "N" word racial discrimination?
Can you fire someone who has Tourette syndrome?
And what about constructive discharge?
Robin Shea covers all of this and more.
August 21st, 2019 by Frank L. Day, Jr., Jessica Asbridge, Mollie K. Wildmann at FordHarrison
The following list of questions should serve as an introduction to a number of fundamental employment law concepts, and the answers to each question will enable users to determine if “best practices” generally are being followed. Of course, this list of questions will not ensure that full compliance with all laws and regulations that govern the employer-employee relationship, but...
August 21st, 2019 by Robin Shea at Constangy
Thirty-five years after Max Headroom first invaded our reality with his virtual reality, you can fire him.
OK, you can't fire Max Headroom, but you can fire Barry Thompson. Barry was created by Talespin to provide the opportunity to practice soft skills, like firing, negotiating, even giving critical feedback.
And for those of you with a bit of a masochistic side, you can fire him as many times as you want. Just saying.
Robin Shea introduces you to Barry and wonders aloud a little bit.
August 15th, 2019 by David Moore and Peter Gillespie at Laner Muchin
Look, I am not one to argue with attorneys because you never know when you might need one, so you decide for yourself the correct roaring-wall-of-water metaphor.
Regardless, any Illinois employer that either has or deals with:
would be well advised (attorney-speak for "just do it") to read what David Moore and Peter Gillespie have to say and then execute said prescribed actions elucidated (attorney-speak for "just do it") (attorneys have a rather extensive alternative vocabulary).
August 2nd, 2019 by Wilson Worley
If you are looking to spice up your next firing and/or seek more of a challenge in the aftermath, stir things up with one of these techniques the next time you give someone the boot.
July 31st, 2019 by Subhash Viswanathan at Bond, Schoeneck & King
As of October 27, 2019, New York employers will not only be unneighborly if you:
"threaten, penalize, or in any manner discriminate or retaliate against any employee by threatening to contact or contacting United States immigration authorities or otherwise reporting or threatening to report the citizenship or suspected immigration status of an employee or an employee's family member in retaliation for an employee's complaints about alleged violations of the New York Labor Law"
you might also go to jail.
And write a check for $10,000. Or $20,000 if you are extremely unneighborly and it is your second "threaten, penalize, discriminate, retaliate" offense.
Oh, and back pay. Did I mention back pay?
June 25th, 2019 by Robin Shea at Constangy
Somebody shows up at the office in essentially shamrock underwear.
Finances dictate you terminate someone so you tell them you will pay them their accrued vacation pay if they will release all claims.
Your mail room clerk says the office manager asked her to man the grill at the office picnic - who's grilling who?
The office softball team and workers' comp – 'nuff said.
Robin Shea says more about all of this.
June 20th, 2019 by Jean Ohman Back at Schwabe
Reading Is Fundamental has been a part of children’s literacy since 1967. Reductions In Force have been a part of the labor landscape since the 1980s. We just made up Require Initial Fundamentals.
RIF requires volunteers and donations - consider providing your support. RIFs require a sequential list of fundamentals needed to help a company refocus and rebuild while avoiding legal liability - consider Jean Ohman Back your support (for the Reduction in Force stuff).
While none of us at hrsimple.com have a favorite Reduction In Force, here are some of our favorite chilldhood books:
April 25th, 2019 by Fiona Ong at Shawe Rosenthal
What not to say to an employee seeking FMLA leave:
Fiona Ong shares a story and some lessons and calls her teenagers crazy.
April 25th, 2019 by Aaron Holt at Cozen O'Connor
Termination can be sticky/messy (think peanut butter). It's also part of your job.
Social media can be sweet/sour (think vinegar). It can also be part of the workplace.
Aaron Holt provides some examples of social media and termination combining to produce different results, then shares three pieces of practical advice when it happens to you .
And for the record, termination could have been oil and social media could have been jelly. But what kind of sauce is that?
January 25th, 2019 by Robin Shea at Constangy
If it hasn't happened yet, there is a good chance that one of your employees will show up in a posted video in a less than flattering light, and that light is going to reflect on your company.
Days past, you would have taken the video at face value and determined disciplinary actions, maybe even termination, based solely on the video.
Knee-jerk doesn't work any more. Maybe now it is KnoW-jerk, as in know the employee is no jerk. And video, especially just a snippet, doesn't always tell the whole story.
Robin Shea helps you address the situation with a PR statement you should keep close at hand.
January 23rd, 2019 by Stan Hill at Polsinelli
They are called secrets for a reason, and if you want to keep them so, Stan Hill has four tips for you:
January 23rd, 2019 by Fiona Ong at Shawe Rosenthal
Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed.
Don't be one of those employers.
Fiona Ong shares why. And stay tuned, same Bat-time, same Bat-station (or at least Bat-blog), for some "what" and "how" when Fiona shares basic performance management tips so you won't be one of those employers.
January 23rd, 2019 by Jenny Goltz at Cozen O'Connor
Common Pitfalls for Emerging Companies Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often requires legal counsel. However, there are a few very common employment law pitfalls that all emerging com...
February 6th, 2019 by Ursula A. Kienbaum at Ogletree Deakins
written warning: noun: ritˈ'n wôrniNG
Ursula Kienbaum helps you create a calm, dispassionate, effective, reasonable written warning by answering these seven FAQs:
November 1st, 2018 by Robin Shea at Constangy
It happens in almost every workplace almost every day: somebody swears or is on an iffy website or is carrying a knife (or worse) or is using their own (not secure) phone or computer to send off a quick business email or text.
So what is illegal, what is inappropriate and what is just not that a big a deal?
Robin Shea at Constangy has your answers (and answers your questions) at our November 14 webinar, “Not Suitable for Work?”
Credits available: SHRM and HRCI
October 11th, 2018 by hrsimple
Just like a dog, a hire can be bad for a multitude of reasons, including the hirer (trainer), the hired (dog), everyone's expectations (in both cases some praise and/or a treat), and the environment (workplace/home).
HR Dive is here to help (with the bad hire*):
"Sooner or later, even the most seasoned HR professionals will admit it: they've made a bad hire. For some reason, a person will fizzle out on the job, even though his or her stellar credentials promised a perfect fit with your company. Whether this is an entry-level person or a senior executive, the impact of a bad hire on a department or company can be devastating. So what do you do?"
HR Dive walks you through the process after you accept it was your bad (hire):
* for those of you with a bad dog (my trainer reminds me that it isn't the dog, it is in fact me), some help from BARk.
September 6th, 2018 by Ed Harold at Fisher Phillips
When I was in college, we had a favorite cheer: Rip their arms off!*
What we were trying to communicate to our football, and later basketball, brethren was "Perhaps this bit of encouragement might help you gain the upper hand and steal the day!" Ed Harold provides the encouragement, and knowledge, to help you prevail when battling employee theft, including:
* More accurately: R-I-I-I-I-P THEIR ARMS OFF! which eventually migrated to use whenever encouragement, often in the face of overwhelming odds, was needed.
August 30th, 2018 by hrsimple
SHRM, with help from author Ogletree Deakins, explains the process of demoting an employee, including:
August 8th, 2018 by Robin Shea at Constangy
We all know the cherry tree mea culpa was a myth (perpetrated by a minister no less). Regardless, we all also know that "honesty is the best policy" (Ben Franklin? Shakespeare? Sir Edwin Sandys?).
Robin Shea shares why we should not tell a lie (like the Founding Father didn't tell a lie because the story wasn't not because he didn't lie) when terminating an employee, above and beyond that fact that you could get sued.
She also gets into employment agreements, unlawful motives, cronyism, and "legal lies".
August 1st, 2018 by Shelby Skeabeck, formerly of Shawe Rosenthal
However, you can discipline and even terminate employees for violating work rules even though they have a legally protected condition.
October 24th, 2018 by Mathew Parker at Fisher Phillips
Nobody wants to hear those four words – "We need to talk" because it isn't going to be an easy conversation.
But you probably don't want to be the one saying them either.
Fact of HR: you are going to be saying those words at some time. And the longer you avoid saying them, the greater the anxiety for you and the more the entire workplace will suffer. Mat Parker from Fisher Phillips has 5 tips to help:
February 25th, 2019 by Robin Shea at Constangy
June 12th, 2018 by hrsimple
Do employers need to provide a reason to a discharged employee? Federal law does not require employers to provide terminated employees with a written explanation for their discharge. However, many states have litigation in place that calls for an employer to provide documentation outlining the reason for termination. This is a called a service letter, and so...
June 12th, 2018 by hrsimple
"You’re fired." On The Apprentice, Donald Trump made it look so easy! For the rest of us, a poorly done termination could be costly. Emotions run high, there is a lot of paperwork involved, and an employer can end up with a big mess on their hands. Taking the time to do a termination properly can keep an employer out off court, so here are a few best practices to consider.
While firing is probably not your favorite HR task (at least I hope it isn’t!), it is something that comes up now and again. Take the time to terminate correctly, otherwise you might have to fire someone twice…talk about awkward!