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Monday Morning Musings-Company Parties, Reward or Punishment

9/28/2014

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Many of us have horror stories about company parties at which we feel compelled to sing karaoke against our will or play mean-spirited, competitive games.  Some employers don't really want to throw the party in the first place but it is an annual tradition.  Those events are doomed from the beginning.  A former colleague was actually criticized in his review for failing to attend the company picnic.  What is the point of such gatherings?  Throw an event for the right reasons if you choose to do so.  Consider an anonymous survey asking employees if they want to participate in company parties. Consider having them at irregular intervals, like after a stellar year or project to truly express appreciation for a job well done.  If you throw the party as a true employee appreciation event, act like it.  You cannot force people to have fun.  Do not humiliate or degrade them with awards like "Slacker of the Year."  Think about important things like whether alcohol will be provided, given obvious liability concerns should an inebriated employee drive drunk and injure themselves or others.  


Remember, employment laws still apply, so sexual harassment, discriminatory jokes and behaviors cannot be tolerated.  Everyone is still essentially in the workplace in the eyes of the law and must conduct themselves accordingly.  


When all is said and done, I wonder how many employees really enjoy these events and how many consider it just another job requirement.  Yet, done in a workplace where there is genuine daily respect and appreciation for employees, maybe it can work as intended.  But, have the right intentions. If the workplace is toxic, the parties will be as well.  What are your thoughts?
 http://www.employmentlawman.com/monday-morning-musings.html
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Monday Morning Musings-One-Size Does Not Fit All

9/21/2014

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If your company has multi-state or even multi-city locations, one-size-fits-all employment applications will not necessarily work.  As one example, some states now ban asking about criminal convictions on a job application.  Even in states where there is no such prohibition, there are certain cities within those states which do ban such questions.  Some other company's employee handbook should not be simply copied for your company nor is there any one-size-fits-all employee handbook.  Like pants, one size does not fit all. http://www.employmentlawman.com/monday-morning-musings.html
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Monday Morning Musings-Terminations Are Necessary

9/14/2014

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Nobody likes to terminate an employee but it has to be done from time to time.  Sometimes the employee is not a good fit in terms of skill, personality, work ethic or other reasons, despite all reasonable efforts to correct the problem.  At that point, do not be afraid to terminate simply because you might have to pay unemployment benefits.  That should not even be a consideration in the decision, in my view.  A fear he/she might sue you should not deter you from making the correct, lawful decision for your organization.  However, get advice from an employment lawyer on these matters especially if you think you are headed into tricky waters.  Err on the side of caution, get advice first, it is much cheaper than paying defense costs later on a matter that could have been avoided or mitigated with proper, timely advice.  Again, preventative law is substantially cheaper than litigation fees.  Have an employment lawyer on speed dial. http://www.employmentlawman.com/monday-morning-musings.html
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Monday Morning Musings-Classify Employees Properly

9/7/2014

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FLSA suits have been on the rise, same with Department of Labor Audits.  Be careful your independent contractors are not really employees under the law.  The legal consequences of misclassification are high. Misclassifying non-exempt employees as overtime exempt is another common, costly mistake.  It takes more than a fancy title to have an exempt employee.  Lost overtime, double damages, and paying attorney fees to the plaintiff's attorney and the company attorney are just some of the serious consequences of stepping into the quicksand in this area of the law.  When in doubt, get competent professional advice.  Consider an audit of your payroll practices too.  Preventative law is much cheaper than litigation.http://www.employmentlawman.com/monday-morning-musings.html
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Monday Morning Musings - Vacation is Not One of the Seven Deadly Sins

9/1/2014

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Vacation is not a dirty word.  Don't be stingy, let your employees have some time off to recharge their batteries.  The same goes for you.  Everybody needs a change of scenery and pace now and then.  The world will not come to an end while you're gone.  This post is a simple example of that.  It's Monday Morning Musings posted on Tuesday because of a holiday.  Last week, I took a short vacation and there was no Monday Morning Musings.  The sun still came out, the work was still there waiting but it got done, even though it took an extra cup of coffee to get there!  I feel refreshed.  Refreshed workers perform better than tired, overworked, burnt out employees.  http://www.employmentlawman.com/monday-morning-musings.html
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