• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Policies / Handbooks

Want to offer additional leave for disability? Be sure policy is drafted in your favor

07/05/2013

By now, you no doubt know that instantly firing someone who isn’t ready to return from FMLA leave may land you in legal trouble. Some employers have addressed this situation by crafting a policy that provides some additional leave. If you decide to do that, make sure you get legal help creating the actual policy.

Sudden severance switch raises bias red flags

07/05/2013
Here’s something to consider if you suspect an employee you want to terminate might sue for some form of discrimination. Offering a severance payment conditioned on waiving the right to sue could backfire if that’s not what you usually do.

Reining in absences & tardiness: 7 do’s and don’ts

07/05/2013
Managers can’t instantly say, “Be here or be fired” to an employee struggling with attendance issues. Managers have to work with HR to employ strategies that not only combat absenteeism, but also avoid legal trouble.

4 tactics to trigger wellness participation

07/04/2013

The Affordable Care Act will allow employers to offer health insurance discounts to employees who take part in wellness programs. However, it’s not required. Whether you’re considering premium incentives or not, try these tactics to attract workers to your wellness program.

If it’s carefully crafted, you can make an arbitration agreement stick

06/27/2013
Good news for employers that want to settle employment-related disputes through arbitration instead of risking a jury trial. The Court of Appeal of California has upheld an arbitration agreement that was presented to all employees when they were hired.

Keep all lawsuit settlements confidential!

06/27/2013
Here’s an important warning for employers that end discrimination or harassment lawsuits with settlement agreements that include a confidentiality clause: Keep those terms confidential and accessible only to those who absolutely need to know. Otherwise, you could wind up facing a retaliation lawsuit if word of the settlement leaks out …

Insist that workers follow internal grievance process

06/26/2013
Do you require employees to use an internal grievance policy when they have a complaint about working conditions? That policy may apply to re­­tal­­i­­ation claims too, even if the em­­ployee has been fired. Failing to use the proc­­ess may cancel the right to sue.

Create–and enforce–policy requiring honesty

06/26/2013
Employers want honest ­employees who don’t lie, cheat or steal. To encourage honesty, be sure your company has a policy requiring honesty. That way, it’s easy to terminate someone you believe has acted dishonorably.

Court: If interns perform work, pay them!

06/19/2013
A New York case with a Hollywood connection is a timely reminder that, in almost all cases, employers must pay interns, no matter how menial their work is.

4 keys for legally managing absenteeism

06/14/2013
The costs of absenteeism—in lost production, overtime and temp replacements for the absent worker—can add up quickly. Combat absenteeism with a clear policy, careful documentation and consistent discipline.