Symmetry provides outstanding human resource advice, support, and advocacy to start-up and small companies who do not have an in-house human resource team.
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7 Steps to Using Progressive Discipline
Posted by Karolynn on April 24, 2015 Under | Tags: Firing, HR, Performance Evaluations
Many companies either have a progressive discipline policy in place or follow one in practice. And it's not hard to see why: Used properly, progressive discipline gives managers the tools they need to make fair, consistent, and legally defensible disciplinary decisions. Because it's based on communication and collaboration, true progressive discipline also helps employees improve, which is the ultimate goal of any disciplinary system. But how do you use progressive discipline to get results? How do you decide what type of discipline is appropriate in a particular situation? And how do you deliver that disciplinary message in a way that produces actual improvement?
12 Manager Mistakes That Spark Lawsuits
Posted by Karolynn on April 17, 2015 Under | Tags: Employees, Firing, HR
Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don't. But, either way, those lawsuits cost time and money to fight-money that is better spent on product development, training and raises. Even worse, some laws-including federal overtime law and the Family and Medical Leave Act-allow employees to sue their supervisors directly, meaning a manager's personal bank account could be at stake.
Three tips to remember when counseling and disciplining employees
Posted by Karolynn on April 10, 2015 Under | Tags: Employees, Firing, Legal
There is nothing like a gentle reminder or a “cheat sheet” to look at when counseling or disciplining employees. The key thing to remember is that although nothing can absolutely insulate you from claims of discrimination or wrongdoing, there are steps you can take to get to the ultimate goal of improving an employee’s performance or, alternatively, terminating an at-will employee when counseling and discipline haven’t facilitated acceptable improvement.
Documents, documents, documents: What to keep, what to shred
Posted by Karolynn on April 4, 2015 Under | Tags: Employees, Firing, HR, Legal, Records
The hiring process has a way of creating a lot of paperwork. A single job opening can bring a flood of resumes, cover letters, and applications from a horde of hopefuls. Once the decision has been made, the question becomes what to do with the pile of documents the hiring process generates.
Caregiver Minimum Wage & Overtime Ruling May Be Coming
Posted by Karolynn on April 2, 2015 Under | Tags: Caregivers, Employees, HR, Legal
Last month the Supreme Court of the United States(SCOTUS) released a decision on a case that affects the HCAOA’s case against the Department of Labor (DOL). Literally hours before the rule went into effect requiring all Caregivers employed by a third party be paid minimum wage and overtime, the DC Circuit Court issued a decision that nullified the DOL’s overtime/minimum wage rule for caregivers. The decision from the DC Circuit Court stated that they DOL didn’t have the right to make these changes and that Congress should be making these decisions. This decision is in great jeopardy and soon.
Does ‘at-will’ really mean what you think?
Posted by Karolynn on March 27, 2015 Under | Tags: Employees, Firing, HR, Legal
Many employers rely heavily on “at-will” laws to terminate employees. In theory, if at-will employment applies, you can fire a worker at will, which means for a good reason, a bad reason, or no reason at all. However, if a termination decision is challenged, it can be difficult to show that a bad reason or no reason was not discriminatory, particularly if the affected employee belongs to a protected group.
Minimum Wage—What you Need to Know
Posted by Karolynn on March 13, 2015 Under | Tags: Employees, Hire, HR, Legal
On February 19th, 2015, Walmart announced that it will raise its lowest paid wages to $10 an hour by next year. This is just the latest salvo in the debate over minimum wage. First things first, what is minimum wage and who has to pay it? Federally, any business with employees that falls under the Fair Labor Standards Act (FLSA), has to pay minimum wage. The FLSA does contain a handful of exceptions, but state minimum wage laws may supersede any exemption. Currently, federal minimum wage is $7.25 an hour. Tipped employees have a different minimum wage rate, but will not be discussed for the purposes of this article.
Litigation Trends in Employment Law Part 5: Minimum Wage and Wage and Hour Laws & Providing Workplace Protections to Interns and Volunteers
Posted by Karolynn on March 6, 2015 Under Human Resources | Tags: Employees, Legal
This is the final installment. Thank you to all who’ve enjoyed the various challenges that employers will face in 2015 when it comes to managing, monitoring and maintaining their workforce. An employer that does not comply with its legal obligations faces numerous costs, including the time spent preparing and responding to litigation, investigating potential claims as well as harm to its business reputation. Numerous new laws have been passed on the federal, state and local level which will have a significant impact on the workplace and increase the risk that an employer will be subject to a lawsuit, civil fines or criminal penalties.
Litigation Trends in Employment Law Pt 4 - Growing Acceptance of LGBT Rights and Same-Sex Marriage, Workplace Bullying and Addressing Domestic Violence
Posted by Karolynn on February 27, 2015 Under Human Resources | Tags: Employees, Hire, HR, Legal
Over the last few weeks we have covered some of the biggest topics in trends we are seeing in employment litigation. These are issues that you can take precautions to protect yourself. This week we cover Growing Acceptance of LGBT Rights and Same-Sex Marriage, Workplace Bullying and Addressing Domestic Violence. In 2015 employers will face a number of challenging issues when it comes to managing, monitoring and maintaining their workforce. An employer that does not comply with its legal obligations faces numerous costs, including the time spent preparing and responding to litigation, investigating potential claims as well as harm to its business reputation.
Litigation Trends in Employment Law Pt 3 - E-Cigarette Use in the Workplace, Reasonably Accommodating Pregnant Women, Wellness Programs Conflicting with ADA, GINA and FMLA
Posted by Karolynn on February 20, 2015 Under Human Resources | Tags: Employees, Firing, Hire, Legal
Over the last few weeks we have covered some of the biggest topics in trends we are seeing in employment litigation. These are issues that you can take precautions to protect yourself. This week we cover E-Cigarette Use in the Workplace, Reasonably Accommodating Pregnant Women and Wellness Programs Conflicting with ADA, GINA and FMLA . In 2015 employers will face a number of challenging issues when it comes to managing, monitoring and maintaining their workforce. An employer that does not comply with its legal obligations faces numerous costs, including the time spent preparing and responding to litigation, investigating potential claims as well as harm to its business reputation.