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Terminations

Ants in his pants—But can you fire him?

02/26/2008
The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. You should specify what off-duty activity is prohibited in terms of unbecoming, immoral or illegal behavior …

Make sure employment contract language spells out employees’ ‘at will’ status

02/01/2008

Does your organization use an employment contract for some employees? If so, does that contract specify that either party can terminate the agreement for any or no reason at all? If not, insert that language right away. It will help you retain maximum control over the work force while benefiting from having the other terms and conditions in writing …

State to outsource info tech work to private contractors

02/01/2008

Two hundred state workers stand to lose their jobs after Gov. Sonny Perdue decided to move Georgia’s information technology work to the private sector. His plan will consolidate 11 state agencies, comprising about two-thirds of the executive branch’s IT spending, under the Georgia Technology Authority …

The risk of references

02/01/2008

Q. May a former employee sue me for giving a bad reference? …

A tale of one city, two mayors

02/01/2008

Former employees of ousted Anderson Mayor Kevin Smith have filed a lawsuit seeking to keep Smith in office, claiming his successor, Kris Ockoman, did not meet the city’s one-year residency requirement before running for office …

Secret to winning lawsuits: Track all progress, discipline

02/01/2008

The time to prepare for a discharge lawsuit is long before it’s filed. Know that someday, someone will sue you. Prepare accordingly. You won’t know who will sue, or what protected class they will belong to, so you should cover all your bases. That means tracking the progress of every employee and every disciplinary action you take, no matter who the employee is …

A better term for ‘Probationary’ periods

02/01/2008

Q. Our company has an initial 90-day probationary period for all new employees. Our employee handbook clearly describes the probationary period and also contains an introduction stating that the company has the right to terminate its employees at any time with or without cause. Our attorney recently informed us that the two provisions may be inconsistent and recommended that we delete the handbook’s reference to a probationary period. Should we follow her advice? …

Colorado Employment Security Act

02/01/2008
Colorado’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The Colorado Department of Labor & Employment (CDLE) administers the Employment Security Act through its Division of Employment and Training …

Colorado Wage Payment and Collection Act

02/01/2008
The Colorado Wage Payment and Collection Act seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all Colorado private employers, even those with only one employee …

Stick with measurable, objective standards when discharging

02/01/2008

Concerned that any discharge decision you make will be second-guessed by a court or jury? Ease that worry by adopting a fact-based approach to discipline that relies on easily proven and verifiable work problems. Avoid generalities such as “just not working up to potential” or “not a team player and others have to pick up the slack.” Instead, go for the specifics …