Practical HR Tips, News & Advice. Updated Daily.
by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]
by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The […]
by D. Michael Henthorne I’ve been asked to address a group of nursing managers in one of South Carolina’s leading hospital systems on avoiding labor unions and recognizing union-organizing activities. Despite growing up the son of a Teamster (my father was a truck driver), for most of the last 29 years I have lived in […]
Imagine this: One of your employees violates company policy and state law by disclosing confidential company records to the Equal Employment Opportunity Commission (EEOC) to buttress her discrimination charge. After learning about the activity, you fire the employee — who then sues you, claiming you retaliated against her for filing an EEOC charge. Does an […]
by Lynn A. Robinson Finding the right person to fill a position often turns out to be the most difficult part of a manager’s job. Whether you’re an HR staffer, a headhunter, a department manager, or a CEO, you’re going to run head on into the same problems that all seekers of the ideal candidate […]
by Dinita L. James Employment laws prohibit intentional discrimination based on race, sex, or other protected characteristics as well as practices that have a discriminatory impact if they’re not supported by business necessity. Implicit or unconscious bias isn’t technically unlawful in the workplace if it doesn’t cause an unjustified adverse impact. Yet a presidential candidate […]
In yesterday’s Advisor, we explored the dangers of firing at-will employees for no reason or a silly reason. (It’s possible, but dumb.) Today, two more difficult situations, and an introduction to a policy program that will help keep you out of legal trouble when you fire. A valid reason is advanced, but evidence contradicts it […]
by Tammy Binford As time winds down for the U.S. Department of Labor (DOL) to release its final rule changing who is eligible to collect overtime pay, reports are surfacing that the salary threshold may be somewhat lower than the figure originally proposed but still considerably higher than the level in the current rule. The […]
“Most state workers’ compensation laws provide that it is unlawful for an employer to discharge or otherwise discriminate/retaliate against a worker for claiming worker’s comp or testifying at a workers’ comp hearing.” Adele Abrams explained in a recent BLR webinar. And this goes beyond just standard discipline or firing: “Anything that is an adverse action […]
By Jeanine Poole New Hampshire employers using noncompete and nonpiracy agreements face new limits beginning July 14. That’s when House Bill 1270 goes into effect. The new law requires that every employer provide a copy of any noncompete and/or nonpiracy agreement required for a position to a current or potential employee before or concurrent with […]