In yesterday’s CED, Hunter Lott of Please Sue Me fame offered his lawsuit avoidance tips. Today, his advice on legal exposure in 2011, plus an introduction to an upcoming event you won’t want to miss.
First, specialized input. As we mentioned in yesterday’s CED, specialized members of the management team, like the HR manager, are in a better position to judge the appropriate action to take. They know about past practice, they know what the law says about discrimination and retaliation, and they will be aware of circumstances like the recent filing of an EEOC or other claim by the worker against the company.
Second, appearance of judiciousness. A group decision gives a stronger appearance of careful consideration. The decision of a single manager may easily be viewed as self-serving, emotional, or retaliatory, while the decision of a group appears more reasoned and businesslike.
Botching a departing employee’s final pay can turn even an amicable parting into a nasty lawsuit. Don’t let it happen to you — attend our webinar next Tuesday and learn what you need to know!
Third, available witnesses. Since litigation can go on for years, and since managers come and go, it wise to have several managers familiar with the particulars of a situation. Otherwise, by the time a case comes to trial, the only management witness may be long gone.
Stay Level-Headed
Termination is never easy, but managers must fight the temptation to “get it over with” as fast as possible. Doing it this way often leads to errors.
Final Pay in California: The Rules You Need To Know for Both Resignations and Terminations
Whether it’s a sudden resignation or a zero-tolerance immediate discharge, the clock is ticking on the employee’s final paycheck. And if you get it wrong, you can face stiff penalties under California’s Labor Code.
You also need to make sure you’re prepared for other various “last pay” considerations, including severance and questions regarding unemployment claims.
It can take just one disgruntled parting employee to represent a class of similarly situated individuals and initiate a wage/hour class action that could devastate your company. So it’s worth your while to make sure your final pay procedures are up to date and in order.
Participate in our interactive and timely webinar next Tuesday and learn:
- When wages must be paid when you terminate an employee in California
- When wages must be paid when the employee resigns
- The types of waiting-time penalties could come be subject to for failing to adhere to California’s labor code
- How to properly calculate the amount of vacation pay, sick leave pay, and commissions owed upon separation of employment
- The limitations California law places on your ability to hold back pay following loans to employees, or damage to (or failure to return) company property
- How to enforce a reimbursement agreement
- What to do if the employee claims you still owe additional money
- The three documents every California employer should include with the final check
- Severance pay pointers – including the types of claims you’re simply not allowed to have an employee waive
- When you should consider contesting a claim for unemployment, and when you should consider not responding
- Pre-termination best practices so you can minimize surprises
- Proper documentation of performance, discussions, tardiness, absences, and other issues
- Whether it’s ever better to give an employee a chance to resign instead of terminating the person
- Effective strategies for conducting productive exit interviews
- The game plan to follow when you’ve got a problem employee on your hands
- Why you should designate an official point of contact for all former employees
In just 90 minutes, you’ll learn everything you need to know about properly administering final pay in California. Register now for this important event, risk-free!
Download your free copy of Training Your New Supervisors: 11 Practical Lessons today!