Tag: Policies

‘Knowing and Voluntary’—Tricky Requirements

A waiver in a severance agreement is only valid when an employee “knowingly and voluntarily” consents to the waiver, say attorneys Lloyd Aubry and Armilla Staley-Ngomo. Reaching that standard can be challenging. The rules for waivers under the Age Discrimination and Employment Act (ADEA) are defined by the Older Workers Benefits Protection Act (OWBPA). Rules […]

Workers over 40? Caution’s the Watchword for RIFs

“Companies have to be especially cautious when conducting workforce reductions involving employees older than 40,” says attorney Lloyd Aubry. Waivers can help, but they bring their own legal challenges. The Equal Employment Opportunity Commission (EEOC) has recently issued a Technical Assistance Document covering waivers, say Aubry and Armilla Staley-Ngomo, both with the San Francisco office […]

Don’t Terminate … Yet

Managers always “want to get it over with” once they’ve decided they want to fire someone. That’s no surprise, but HR can’t let it happen. Step back and assess the whole picture before acting. Yesterday’s Advisor covered the critical termination policy issues that you must address. Today, again courtesy of BLR’s SmartPolicies® program, we’ll look […]

Terminations—Without Good Policies, a Lawsuit Jungle

Terminations—where the rubber meets the road in HR. The most angst, the most tears (or screams), and the most lawsuits. Your terminations policy is critical. Today, courtesy of BLR’s SmartPolicies® program, we’ll review the key elements your policy should cover. Compensation, Benefits, and Financial Issues Severance pay. What are your guidelines (e.g., how many years […]

The Courtroom Shouldn’t Be Recordkeeping’s First Test

Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the best place to find out that records are inadequate, incomplete, or nonexistent. Record retention is a daunting task for employers because there […]

When Incivility Occurs, Hammer It

Yesterday’s Advisor covered calculating the cost of incivility on mental wellness (it’s high) and 6 tips for eliminating incivility. Today, we offer more tips, and we take a look at a broader wellness program. (Go here for tips 1—6) 7. When Incivility Occurs, Hammer It. If you ignore incivility, say Christine Pearson and Christine Porath, […]

How Much Is Bad Behavior Costing Your Company?

Workplace incivility is an often overlooked, expensive, yet treatable malady, says the new book, The Cost of Bad Behavior. Authors Christine Pearson and Christine Porath show how to calculate the cost and what to do about eliminating the undesirable behavior. What Is Workplace Incivility? Pearson and Porath offer several examples of incivility: Taking credit for […]

Recognition: The Secret to Retaining Top Employees

How much does employee turnover cost American business each year? According to the DOL, about $5 trillion, says Mike Byam, author of The WOW! Workplace. Fortunately, he adds, effective recognition strategies can help keep turnover at bay. Byam, who is managing partner at the employee recognition firm The Terryberry Company, offers eight keys to successful […]

Top 5 Employee Recognition Myths

The biggest obstacle to building an effective employee recognition strategy is false assumptions, says Mike Byam, managing partner of the Terryberry Company, an employee recognition firm. His five myths appear in his new book, The WOW! Workplace. Myth #1. "They’ll Think I’m a Softie’ Byam’s first myth is that if you go out of your […]

Reference Checks Without Legal Repercussions

In yesterday’s Advisor, we covered the first three steps for successful background checks. Here are steps 4 and 5, along with an introduction to a unique program to help with policies from reference checks to termination. (Click here for steps 1, 2, and 3.) Step 4: Verify Credentials Many employers require applicants to have a […]