All posts tagged 'terminations'
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Posted @ 3/5/2010 6:06 PM By MBAHRO
Benefits of Performance Appraisals include Compliance Protection
A performance appraisal system, when properly managed, provides you with a means of measuring, maintaining, and improving your employee’s job performances. Through the job performance appraisal program, your company can:
Validate hiring decisions
Recognize employees' job performance strengths and weaknesses
Identify employees who are ready for promotion or greater responsibilities
Assess training needs
From a compliance perspective, you should be able to rely on performance appraisals to justify the full range of personnel decisions, including discipline and termination actions.
For example, if a performance appraisal reflects poor job performance by the employee and this employee is later terminated, the you can point to the performance appraisal to show the employee was not performing to standards. If, however, an employee with overall weak performance is given a good or even average appraisal, and ...
Posted @ 3/4/2010 6:07 PM By MBAHRO
How to avoid age discrimination issues during layoffs.
There are a variety of reasons for an employer to offer severance to an employee who is separating from employment (e.g., to settle threatened or actual litigation, as a goodwill gesture in the event of a layoff), but in virtually all situations, the employer is going to insist that the employee sign a release as a condition to receiving the settlement payment.
This article outlines some of the most important issues, specific to age discrimination, employers should consider when drafting such waivers. In all circumstances, it is advisable that outside counsel review all agreements.
The Age Discrimination in Employment Act (ADEA) has a list of requirements that must be incorporated into your release. They focus on making sure the departing employee does not waive any right or claim under ADEA unless the waiver is “knowing and voluntary”. This means the release must:
Be "written in a manner calculated to be understood ...
Posted @ 3/1/2010 6:11 PM By MBAHRO
WARN act can ruin your layoff plan, are you at risk?
Here at Modern Business Associates, we frequently deal with federal labor and employment laws and how they affect our clients. Laws relating to layoffs have been a hot topic lately. The Worker Adjustment and Retraining Notification Act (WARN act) is one such hot legal issue.
The WARN act sets forth specific notification requirements for covered employers undergoing certain layoffs. (States including California, Illinois, Maine, and New Jersey have enacted similar legislation expanding an employer's notification obligations.)
In part, the WARN act requires employers with 100 or more employees to provide workers with 60 days written notice of:
Under the WARN act, a "plant closing" is a permanent or temporary shutdown of a single site of employment resulting in an employment loss of 50 or more employees during a 30-day period.
Under the WARN act, a "mass layoff" is either a reduction in workforce ...
Posted @ 2/25/2010 11:53 AM By MBAHRO
How to Follow your Termination Template and Use the Termination Meeting to lower your legal risk.
The termination meeting is an opportunity for an employer to minimize risk. Your termination template should include specific elements of the termination meeting.
As an initial matter, you should carefully consider the personnel conducting layoffs. Someone with a direct supervisory relationship over the worker is advisable and a third party witness should attend the meeting.
Employees should be given their final paychecks, severance, and any applicable notifications during the termination meeting so they are not walking away "empty-handed".
Separation agreements and releases should be distributed and signed (if possible).
Additionally, it is a good idea to conduct terminations earlier in the week to give employees an opportunity to file for unemployment and begin considering other employment alternatives.
Modern Business Associates frequently deals with HR issues. As a Prof ...