In yesterday’s Advisor, attorney Julie Moore outlined the particular circumstances in which HR managers should call legal counsel before acting. Today, more such situations, and an introduction to an extraordinary new turnkey training system.
Moore’s tips came at BLR’s National Employment Law Update held recently in Las Vegas. Moore is president and founder of Employment Practices Group in North Andover, Massachusetts.
Where there may be ‘implied’ contracts
Offer letters, employment agreements, and employee handbooks should be reviewed, advises Moore. If they address the terms under which an employee can be terminated, the employer is wise to follow the terms of those documents and seek legal counsel as to whether they may be binding and legally enforceable.
Some employee handbooks can rise to the level of a contractual obligation and, when that is the case, they must be followed. Even if not a contract, an employee handbook should be followed, as it presumably sets forth the internal rules by which the company intends to operate.
(Formal contracts and union agreements are normally binding. If you suspect your actions might violate a term of a contract, speak with your attorney before acting.)
When the employee wants to bring in a third party
When the employee wants to bring in a third party such as a lawyer, friend, or family member, as a witness to meetings or performance discussions, take it as an indication that there may be an issue.
When the employee requests a copy of his or her personnel file
Like the request for a third party, this is always a red flag. Be sure to know the law applicable to the situation, as many states have requirements that employees have a right to a copy of their file within a certain time period.
General Tips for Terminations
In general, says Moore, when considering terminations, employers should beware of possible tort, discrimination, and retaliation claims that may arise and create possible legal exposure.
When drafting severance agreements, always have legal counsel review them first, Moore advises. Ensure compliance with the Older Worker’s Benefits Protection Act and otherwise be sure that all relevant issues are addressed. Never copy, cut, and paste from a prior agreement.
For layoffs, do a “disparate impact analysis,” a statistical analysis for the variance between the current workforce population and a projected population once the reductions are implemented. Examine the impact the proposed reductions would have on men and women, older and younger workers, white workers and those of color, and the like. Your attorney can help interpret your results.
Unlimited employee HR training—one low cost—no setup, no software to install. Find out why the Software & Information Industry Association just voted the BLR Employee Training Center the “Best Workforce Training Solution.” Go here for more information or to sign up.
How to Avoid Calling Your Attorney at All
Of course, the best way to avoid calling your attorney is to practice good management so legally threatening situations don’t develop. Hire the right people, and treat them respectfully, fairly, and legally. How to achieve that? Only one way—training.
Even with the best of intentions, your supervisors and managers will say something or do something that gets the company into hot water—unless they are trained. Unfortunately, up until now, training has been a real challenge—there’s such a load of extraneous planning, preparing, and tracking involved. But we’ve got good news—BLR’s editors have developed a unique new program that’s done all that work for you.
It’s called the Employee Training Center. This turnkey service requires no setup, no course development time, no software installation, and no new hardware. Your employees can self-register, and training can be taken anytime (24/7), anywhere there is a PC and an Internet connection. Courses take only about 30 minutes to complete.
No time to prepare or deliver training? With the BLR Employee Training Center, your employees can start taking essential training courses the same day you sign up. Workers (and supervisors) train at their convenience, 24/7. We track, and you save with this turnkey solution. Yes, it really can be this simple. Learn more.
The Employee Training Center automatically documents training. As trainees sign on, their identifications are automatically registered. When the program is completed, the trainee’s score is entered. So, when you want to see who has been trained on any subject, or look at the across-the-board activity of any one employee, it’s all there, instantly available to you, your boss, an inspector—even a plaintiff’s attorney.
Course certificates can be automatically generated from within the training center and are automatically retained for recordkeeping purposes.
Unlimited Training That Won’t Bust the Budget
Best of all, in these budget-crunching times, the BLR Employee Training Center costs only a fraction of what you would pay for a learning management system (LMS). You always know exactly what training will cost, no matter how many programs you use, or how many times you use them. There’s just one low annual fee—for unlimited training—calculated by the size of your workforce. Budget once and you’re done!
These are all motivational, actionable courses—for both employees and supervisors—in such key areas as sexual harassment, FMLA, diversity, communication, USERRA, recruiting, and many more. The courses are kept up to date to reflect federal and state regulatory changes, and what’s more, BLR adds new programs continually.
The BLR Employee Training Center also includes a selection of safety courses—you decide whether you want just the HR courses, the safety courses, or both HR and safety.
If it sounds as if we’re excited about this new service, well, we are—and so is the Software & Information Industry Association, which just voted the BLR Employee Training Center the “Best Workforce Training Solution.” Find out what all the buzz is about—sign up for a no-obligation trial to Employee Training Center.
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