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Terminations

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

When former employees compete: Getting noncompetes right

07/09/2008
Good employees, especially those in sales or professional services positions, can quickly turn into enemies when they quit. Employers frequently require those employees to sign employment agreements containing noncompete and nonsolicitation restrictions when they start work. However, Illinois courts generally do not favor these kinds of restrictions and will look at them very closely. In fact, our courts are quite likely to rule in favor of employees …

Kansas Court of Appeals enforces covenant not to compete against physician

07/09/2008
In a case that’s good news for Kansas employers, the Kansas Court of Appeals reversed a lower court involving a restrictive covenant. The appeals court found that the noncompete agreement’s three-year term and liquidated damages provisions were enforceable.

Union claims Big Sky broke contract when it flew the coop

07/08/2008
A group of former employees has filed suit against Big Sky Airlines and its parent company, Minneapolis-based MAIR Holdings, alleging wrongful termination and breach of contract …

Make sure two representatives are present during termination meetings

07/08/2008
Nothing spurs a lawsuit like a discharge, and such cases often boil down to who said what, and when. That’s why it’s wise to have at least two management-level representatives present at all termination meetings—perhaps one supervisor and one HR rep. If the termination leads to litigation, the two people can testify about what happened …

Check post-Layoff rehire policies for disparate-Age impact

07/08/2008
In tough economic times, organizations sometimes have to make hard choices—such as whether to temporarily lay off employees. Of course, you’ll hope to ramp up staffing when the economy rebounds. That’s when you’ll need to be extra careful. If you bar workers you laid off from being rehired, you may be courting trouble …

Is there a Minnesota equivalent of the federal WARN Act?

07/08/2008
Q. We are closing one of our offices in Minnesota. The number of employees affected is not sufficient to trigger any notice obligations under the federal WARN Act. Does Minnesota have a state statute that would require us to give the employees advance notice of the restructuring? …

Employee should have given firm a chance to stop harassment

07/08/2008
Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him. Kelley reported the incident to the company’s operations manager …

Employees don’t get to set work standards—You do!

07/07/2008
It’s far too easy to lose control over your workforce. All you have to do is let employees dictate how supervisors measure their performance. Don’t let it happen to your organization. Instead, let employees know how you will judge how well they’re performing and then stick with those measures …

Feel free to set punishment that fits the crime

07/07/2008
Employers can and should decide each employee discipline case on its own merits. Just make sure someone in HR or a supervisor keeps close tabs on all discipline and documents the decision. Notes should include specifics: the rule broken, its effect and its relative seriousness …