Resignations

Rule No. 1 for evaluations: The employer—not the employee—sets the standards

05/04/2009

Some employees think they know their jobs better than their supervisors do. They want to decide which parts of their jobs are important and which parts are not. Then, when evaluation time rolls around, they try to show that they achieved their own goals for their jobs—even though management wanted other goals met. Don’t let this happen.

Can we search employees? We suspect theft

04/02/2009

Q. We have noticed some of our inventory is missing, and we believe it might be leaving our facility via our employees. Can we search them and their belongings?

Long-time Caterpillar workers lose retiree medical benefits

03/18/2009

In its 1998 collective-bargaining agreement, Caterpillar promised to provide retiree health benefits to its workers at no cost to them. By 2005, Caterpillar recognized it could no longer provide the health benefits without the retirees chipping in. When labor and management sat down at the table to hammer out a new agreement, retiree health costs was one of the sticking points …

Know what’s in that contract before you ask anyone to sign a noncompete

03/12/2009

More and more employers are asking their HR staffs to prepare noncompete agreements to prevent employees from taking trade secrets to competitors. Before you pull out a standard form or download one from the Internet, consider the consequences.

Handling Unemployment Claims the Legal Way

03/04/2009

Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. FUTA sets the federal tax rate, while the state tax rate varies by state. By understanding how the system works, you may be able to cut your state […]

Don’t be fooled: ‘Quit or be fired’ won’t stop employee from filing lawsuit

03/03/2009

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue …

Challenging more unemployment claims? You’re not alone

02/26/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.

Make necessary changes, even if worker rebels

02/24/2009

Employees who suspect their employers are trying to get them to leave voluntarily instead of firing them outright sometimes do quit. Then they turn around and sue under the theory of “constructive discharge.” Essentially, they argue their employer made their lives so miserable they had no choice but to resign. Fortunately for employers, courts are fairly strict in how they view constructive discharges.

Hastings offers settlement to cop accused of wrongdoing

02/12/2009

A female police officer who was placed on administrative leave after being accused of writing false traffic-warning citations has received a payout from her employer, the Hastings Police Department.

You may have to agree to part-time schedule after employee returns from FMLA leave

01/13/2009

Employers may be in for a nasty shock if they assume that an employee who can’t return to work full time after taking FMLA leave doesn’t have the right to reinstatement. If they can perform the essential functions of their jobs on a part-time basis, then employers may have to agree to a reduced schedule.