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Compensation & Benefits

Patience, good records key when employee sues

07/06/2009

When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.

Miscalculated FMLA? Just let employee know

07/03/2009

It’s easy enough to do. While calculating an employee’s remaining FMLA leave, you make a mistake and tell the employee he has to return by a certain day when in fact his leave expires earlier. How can you fix the problem if you discover it while the employee is out on leave? Just let him know that you made a calculation mistake and give him the correct information—before he has to return.

Obama OKs same-sex benefits for federal workers

06/26/2009

On June 17, President Obama signed an order that extends certain employee benefits to unmarried domestic partners of federal workers, including same-sex partners.

How to terminate employees who have been out on workers’ comp

06/26/2009

Terminating an employee who has been out on workers’ compensation leave is a high-stakes process. How well you handle it can affect your ongoing workers’ compensation liability—and could also subject you to claims of wrongful discharge or retaliation. It’s made all the more complex by the fact that your workers’ comp carrier’s goals may conflict with yours.

What’s considered proper ‘consideration’ to make a valid noncompete agreement?

06/26/2009

Q. I understand that consideration is required for noncompete restrictions in North Carolina and that—for existing employees—continued employment is not valid consideration. How much must a company pay to have sufficient consideration?

If we fire a lazy employee, will she be eligible to collect unemployment benefits?

06/26/2009

Q. We have an employee who does not work very hard, and her productivity is only mediocre. If we terminate her, will she be able to collect unemployment compensation?

Calif. Supreme Court rules on workers’ comp attorneys’ fees

06/26/2009

The California Supreme Court has ruled that California law doesn’t entitle granting of attorneys’ fees when employees successfully fight for specific medical treatments. It limited attorneys’ fee payments only to cases involving permanent benefit termination.

Must we pay a bonus to someone who earned it but no longer works for us?

06/26/2009

Q. Our company pays quarterly and annual bonuses, depending on the position. If an employee is with us throughout the entire quarter/year, but leaves before we pay out the bonuses, is he still entitled to one? We don’t have a policy stating that you must be employed at the time the bonus is paid.

Debate heats up over health reform, taxing benefits

06/26/2009

Congress and the Obama administration began laying the groundwork last month for an overhaul of the U.S. health care system. The big question: How to pay for it?

Survey: New COBRA subsidy will increase costs

06/26/2009

Six of 10 employers anticipate that their health care costs will increase as a result of the new federal COBRA subsidy law, says an Aon Consulting survey.