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Employee discipline in California – even including termination – is possible, but employers will be well-served to cross their t’s and dot their i’s in the process. Having documentation of all aspects of the disciplinary process is vital.
DOMA refers to the Defense of Marriage Act, which basically created a situation in which same-sex marriages were not recognized for any federal purpose. It all came about as a result of a 1993 ruling by the Supreme Court of Hawaii, which said that the state must show a compelling interest in prohibiting same-sex marriage. […]
A recent appeals court ruling indicates that an employer may wait and see if short-term disability benefits are granted or denied to the employee on leave before it sends a request for medical certification that verifies the employee’s eligibility under the Family and Medical Leave Act. In Kinds v. Ohio Bell Telephone Company, No. 12-4048 […]
Review with trainees the tasks involved with developing a training session, including setting objectives, establishing content, planning for participation, and preparing methods of evaluation. Then, ask trainees to respond, individually or in small groups, to the following questions: 1. What are some of the training needs you see in the workplace? List at least three. […]
Negotiators have high status in this country, McCabe says; you don’t put losers on your negotiating team. McCabe, who is professor of management at the McDonough School of Business, Georgetown University, offered his negotiating tips at the BLR® HR Strategic Summit, held recently in Scottsdale, Arizona. Benefits of Being a Better Negotiator Improved commercial, business, […]
Law school will ruin your life in so many ways. I used to watch television in a state of blissful ignorance. Holes in the plot? Didn’t notice. Inconsistent character behavior week to week? Didn’t care. Offensive, sexually charged dialogue? Didn’t mind at all. Then I became a lawyer, and now my clients are employers who […]
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 […]
Employers have a duty to provide a safe workplace, free from workplace harassment. If one employee harasses another and the employer knew or should have known about it, the employer can be held liable. Employers may also be deemed vicariously liable in any case where the harasser is a supervisor. As such, the definition of […]
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 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.