Month: August 2013

Silence as acceptance when company sold

By Keri Bennett Canadian employees may believe that a change in ownership of a company results in a change in the terms of employment and requirement for a new employment contract. Not so. In Whittemore v. Open Text Corporation, the Ontario Superior Court made it clear that the original terms of employment remained valid after […]

Investigating Potential FMLA Abuse

FMLA abuse is one of the biggest concerns for employers when complying with FMLA leave regulations. One example of potential FMLA abuse is questionable leave use. This is when someone is out on leave and they are doing something that seems inconsistent with the leave. For example, what happens when an employee is found to […]

Final pay in California: When is it due?

Final pay in California has very strict requirements. It's not as simple as just paying the departing employee on their next scheduled pay date, and there are penalties for getting it wrong. Employers in California need to understand the final pay requirements and understand their obligations, regardless of whether the employee resigns or is terminated. Have a plan in place to get it right to reduce the chance of penalties or lawsuits.

How Should Reference Requests Be Handled?

Reference requests have come under scrutiny in recent years. This because negative references can be deemed an adverse employment action—and thus set the stage for a retaliation claim. On the other hand, even a good reference could be problematic. For example, if a good reference is given for an employee who was terminated due to […]

Trends in the Use of Variable Pay

“Variable pay supports the organization’s strategic direction and drives the accomplishment of organizational goals.” Teri Morning explained in a recent BLR webinar. “It does so by enabling companies to recognize and reward high performers and to sustain high performance.” What Is Variable Pay? Variable pay is pay given over and above base pay, since average […]

‘Boomer, I Want Your Job!’ (But Not Your Stress)

The generations below the Boomers are ready and eager to move up to the Boomers’ jobs, but the Boomers aren’t leaving (because their 401(k)s are now 201(k)s, says consultant Shira Harrington. The problem is compounded, Harrington says, because although Gen Xers do want to move up to the Boomers’ jobs, they don’t want the stress […]

HAZWOPER Training Requirements Video: Part 2

In our first video, Dave went over what HAZWOPER is, who the regulation covers, and the training requirements for different groups of employees and managers. In this video, I talk to Dave about the topics that must be covered during the training, how to provide proof of training, and what requirements the trainer must have […]

Policies Survey Says … Social Media Is Biggest Hassle

The biggest stumbling block to enforcement of policies is management team members’ tendency to enforce only “some” policies. The policy violation most indicated as warranting discipline but not termination is attendance and punctuality. The most common termination-level offense is violation of the weapons/violence policy. Our 2013 Policies Survey reveals that 93% of participants have formalized […]

How to write a strong termination letter

by Bradley T. Cave Writing a termination letter can be a daunting task, knowing that much can rise or fall on what the letter says. A few straightforward strategies can help you prepare a termination letter that manages the risks that accompany all termination decisions. What to leave in, what to leave out Obviously, a […]