Tuesday, September 25, 2012

Exercise caution in employment matters - bizjournals:

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Q: What is the most commonj mistake companies make when they lay offan employee? A: Companies occasionally use a reduction-in-forces as an “easier” way to rid itselff of a non-performer. They are oftenm unwilling to confront theproblem employees, so when its time for a they tell those “challenging” employees unfortunately, their number just came up. It’z not true, and the employee will look for a reason they were Usually the reason the employee turns tois discrimination. It’e really a case of poor management, not discrimination, but a discrimination theoruy provides them with the key they need to open thecourthousse door.
Employers need to be honest andconfront non-performers. If you selected this employee for the tell themthe truth. They were selected due to thei performance. They should not be surprised by this Ifthey are, then it meands you have not given them fair notice that their performanc e was not meeting the company’s expectations. If you can’t prove they had fair notice ofthe problems, then you have a potentiall y high-risk termination that needs furtherr analysis. Q: What can employers do to save money on potentialemployee lawsuits? A.
Employers should consider juryand class-actionj waivers for all employees and provide supervisors with the traininh they need to more effectively managd their employees. Lawsuits are about not discrimination. Giving your supervisors the tools they need to be effectivee leaders is the key toavoiding litigation. If supervisorsx are trained andstill don’t then they shouldn’t be Q: What industry would be most affected by the Employeed Free Choice Act, if passed? A: No industrty is safe. So every business shoul take steps to get their housein order. Conduct a survey to determine if your company is vulnerable to union Are youremployees unhappy? Identify the problems and fix them.
Use this as an opportunit y to make yourcompany stronger. If you wait untipl the union knocks on your door before you do this it may betoo late. The campaign has alreadyy started. Q: What laws, either state or are coming down the pike that will impactfGeorgia companies? A. The Fair Pay Act of 2009 would prohibit employers from payingg lower wages for jobs dominateds by women or minoritiexs than paid for jobs dominatedby men, if the jobs are The legislation would also expand the currengt law by permitting the recovery of compensator and punitive damages, and would requirde employers to provide reports to the EEOC that includde information disclosing the wage rate paid to employees, including informatiohn with respect to the sex, race and nationap origin of employees at each wage rate.

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