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Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many employers require employees who have significant contact with clients to sign nonsolicitation agreements. However, executing and enforcing nonsolicitation agreements are two different matters. Like traditional noncompetes, nonsolicitation agreements are considered restraints on trade, and most courts will enforce them only if they are “reasonable.” In considering reasonableness, courts will typically assess three factors: (1) the employer’s interest in protecting its business, (2) the employee’s right to earn a living, and (3) the public’s interest in competitive markets. This article provides practical guidance to increase the likelihood that your nonsolicitation agreements will be enforced.
Employees straggling in late or not coming in at all is often at the top of the list of employer frustrations. The problem can lead employers to devise creative solutions, such as requiring management employees to clock in and even docking their pay when they’re late. But a solution that’s legal is more important than one that’s creative.
Gossip is rampant in most workplaces. Sometimes, it seems as if people have nothing better to do than gossip about each other. They talk about the company, their coworkers, and their managers. They frequently take a partial truth and turn it into a whole speculative truth. Many managers turn a blind eye to employee gossip (or worse, participate in it). This results in low employee morale and a toxic culture.
Employment policies: Do they keep organizations running smoothly? Or are they trouble waiting to happen? The answer to both questions is: sometimes. Business owners spend a lot of time working on policies they hope will lead to productive, fair workplaces. Often, though, policies can cause more problems than they solve. Adding to the dilemma, HR practitioners and legal experts don’t always agree on what makes a good policy.
Unscheduled absenteeism costs American businesses billions of dollars every year, according to the U.S. Bureau of Labor Statistics (BLS). There are myriad potential costs to take into account, including: • Overtime; • Paid sick days; • Use of temporary or “relief/reserve” employees; • Reduced productivity; • Poor quality of goods or services resulting from replacement workers’ inexperience or fatigue; • Administrative costs associated with absenteeism; • Time spent finding suitable replacements; and • Discipline and safety problems due to inadequately trained replacements.
Jill does her job, but just barely. However, Jill has a lousy attitude which is affecting the entire team. You would like to fire Jill, but she isn’t quite doing enough to get fired. Does this sound familiar? It happens in almost every environment – sometimes Jill was one of your first employees and she was so valuable when you started but hasn’t adjusted to all the change as you’ve grown. Other times it I as simple as that pessimist attitude. So what are you to do? The good news is, you can fire for attitude, but it requires identifying the attitude and addressing the actual behavior.
No business is immune from employee turnover. Losing an employee, whether the separation is voluntarily or not, can be costly in claims for unemployment insurance (UI) benefits. The financial impact may not be felt right away because an unemployment benefit is not money that an employer pays directly out of pocket (except for a non-profit organization). But rather, employers must pay both state and federal unemployment taxes that are deposited into the Unemployment Compensation Trust Fund from which benefits are awarded and those rates can be affected.
It seems somewhat evident on what you should do when an employee steals – but is it really? Employee theft is an unpleasant reality in the workplace, but when the employee is still on the job, at least the employer can easily confront the worker. But what’s an employer to do if the theft is discovered after the employee leaves the job and moves out of state? Does the errant worker get off scot-free?
Attendance problems can lower workplace morale and significantly disrupt employee productivity as all employers depend on employees arriving for their scheduled shifts. Failure to arrive to work may present an especially difficult problem if the employee with an attendance problem is an otherwise excellent employee. Nonetheless, employee attendance is an issue that must be dealt with and following the guidelines below will make the process much easier, and help to ensure that all employees are treated equally.
With all the talk of moving the exemption status, we are seeing an up-tick in calls about managing issues with those employees who are exempt who struggle with employees straggling in late or not coming in at all is often at the top of the list of employer frustrations. The problem can lead employers to devise creative solutions, such as requiring management employees to clock in and even docking their pay when they’re late. But a solution that’s legal is more important than one that’s creative.