Before a Closing or Layoff, WARN Your Employees

Were you aware that before closing a plant or laying off a large number of employees you may be required to provide advance notice to the affected employees? Many employers are not aware of this requirement.  The Worker Adjustment and Retraining Notification (WARN) Act requires that some usdol_seal_circa_2015_svgemployers give employees at least 60 days’ advance notice prior to certain plant closings and mass layoffs.

Employers with 100 or more employees must comply with the WARN Act.  The 100 employee count does not include employees who have worked less than 6 months in the last 12 months or those employees who work less than 20 hours per week. It’s important to note that even though these employees are not included in the employee count, they still must be provided notification at least 60 days before a plant closing or mass layoff. Continue reading

Yes, That’s an At Will Employee – But Documentation is Still Important!

In all states but Montana, employees are generally considered to be have “at will” employment meaning that either party (the employee or the employer) can terminate the employment relationship at any time, with or without notice, and for any reason or no reason at all (outside of reasons prohibited by law).  Most employers have established policies to create the at will employment as it is beneficial both to the business and the employees. In other cases employers create employment contracts with employees which generally specifically address reasons for termination and how a termination should be handled.  Continue reading

Rules for Final Paycheck Vary by State

When an employee quits their job voluntarily or is terminated involuntarily by their employer, it is important for an employer to know the rules regarding any final wages owed to the employee.

Each state’s wage and hour laws determine when and how the final payments are made. Many states have different rules for voluntary resignations and involuntary terminations. For example, some states require a check to be given at the time of termination when the termination is involuntary  but don’t require final payment to be paid to an employee who is voluntarily quitting until the next regularly scheduled pay date. Continue reading

Top 13 Common Firing Mistakes Made by Managers

Firing an employee is never an easy task, however there are certain mistakes you can make which can land your company in hot water.  Read the list below of 13 of the most common mistakes managers make when terminating an employee. Continue reading

Don’t Let Progressive Discipline Bind You

Most employers use only three choices when it comes to dealing with problem employees: oral warning, written warning (as in, “I’m writing you up!”) and firing.

But there’s a better approach.  Arm yourself and all managers and supervisors with a progressive discipline procedure – including seven choices.

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A Manager’s Guide to Employee Documentation

It can not be stressed enough how important it is to have thorough documentation in an employee’s file, especially prior to an involuntary termination.  You may have heard before, “If it isn’t in writing, it didn’t happen” and this is often true when it comes to lawsuits for alleged discrimination, wrongful termination, etc.

The problem is, a lot of managers don’t know how to document, or even worse – what to document.

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You’re Fired! Not so fast! Know the Risks Associated with Terminating an Employee for Poor Performance

It’s a common scenario: you hire an employee for a position and after their training period they continuously make mistakes and do not meet your performance expectations. The poor performance could be for a number of reasons: they need further training, they have personal distractions keeping them from performing up to par, or maybe they’re just not the right person for the position at your company.  So you decide to terminate their employment and find a new employee to take over their job responsibilities.  Without proper documentation to support your termination, you could be facing a number of potential liabilities.

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