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Monday Morning Musings-Fire Yourself

10/24/2014

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Rarely does anyone seem to stay with the same employer for their entire working career these days.  Maybe that is not a bad thing for many of us.  Nobody wants to be laid off or fired but sometimes you need to take the initiative and fire yourself. There are many reasons to leave an employer.  Sometimes you discover it is not a good fit between you and that particular employer.  This doesn't necessarily mean the employer is rotten or you are not a good worker.  The corporate culture may not be right for your personality and goals, there may be nowhere for you to move up, there may be a serious work-life imbalance, you may be in the wrong position, have a terrible boss, there may be no more joy in the work anymore, you may have simply learned all you can there and it's time to make the next career progression elsewhere or it is simply time to retire.  There is a time to leave the party.     

Sometimes you need to fire yourself because you want an entirely different career and direction.  Mid-life crisis or a much-needed change in course?  You have to be the honest judge of that and make a good decision accordingly.  As the years go by, we realize time is a precious resource, used up too quickly, and we don't want to spend it doing the same things our entire life or spend it in the same ways we did before.  An honest appraisal of your interests, abilities, desires and goals should be conducted from time to time, not just once before choosing a college major.  Hopefully, we are different now than we were twenty or thirty years ago and our interests, desires, goals and abilities may have changed along the way.   

Sometimes an involuntary termination turns out to be a blessing in disguise and I have seen many clients move on to better, more satisfying jobs because layoffs and terminations certainly force a re-examination in your life (if that happens, come see me, you may have a claim for wrongful termination and be able to leave with some cash and prizes at least--shameless plug here).  Sometimes, though, we need to take the initiative and fire ourselves in exchange for something new, different, and hopefully better.  A book has many chapters. Sometimes we need to turn to a new chapter or at least turn the page occasionally.
http://www.employmentlawman.com/monday-morning-musings.html
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Monday Morning Musings-Sexual Harassment Misconceptions

10/19/2014

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There are many mine fields in employment law that require significant legal expertise and experience to navigate.  A few areas of frequent employer misunderstanding include the scenario in which an employee complains of some type of sexual harassment but tells the employer "I don't want to get him in trouble, so don't do anything.  I just wanted you to know."  Yes, you must still get all the details, investigate and take appropriate action depending on the findings.  The employer has a duty to investigate and take remedial action, regardless of the employee's stated wishes.  

Another issue that comes up is harassment of an employee by a customer, vendor, supplier, or other non-employee guest.  As the employer, you have a duty to provide a workplace free of discrimination and illegal harassment.  You may end up needing to ban the vendor, or even tell the customer they are no longer welcome.  A somewhat related issue involves the complaint of sexual harassment of an employee by another employee but off the premises or after work hours.  Yes, there is still a duty to investigate and take appropriate action as these things are still generally considered workplace issues.

Another common issue involves the alleged harasser who admits to the sexual jokes, etc. but gives her defense as "I was only kidding."  Whether the harasser is kidding or not is legally irrelevant.  Is the conduct sexually offensive subjectively and objectively is one of the main questions in litigation of sexual harassment cases.

There are numerous other misconceptions and pitfalls for employers in this area.  Get professional help when issues of workplace harassment and misconduct arise.  If you misstep or overestimate your knowledge of employment law, the costs can be devastating. http://www.employmentlawman.com/monday-morning-musings.html  
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Monday Morning Musings-Employers Are Replaceable Too

10/12/2014

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Times are still tough and some employers are taking advantage of the employer's market out there, many requiring more work out of employees and paying less than in better times.  True, many employers are struggling themselves and doing the best they can for employees.  Others take every advantage where they can.  I know an employer who, in a fit of extremely bad judgment, told his employees they were all replaceable.  Sure, everybody is ultimately replaceable, we know that.  Life goes on, with or without us. But, good employees are hard to find and not easily replaceable, a fact to which most of us can surely attest if you have ever hired or managed employees.  And, if you take advantage of your employees, remember that, as employers, you are also replaceable, even in a bad market.  It's simply a matter of time.  The predictable end to the story of the employer above is that he went out of business after a mass exodus not long after his statement.  There are good and bad employees.  There are good and bad employers.  Strive to be one of the good ones and you will not be replaced, at least easily. http://www.employmentlawman.com/monday-morning-musings.html
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Monday Morning Musings- "Manage" is a Verb

10/5/2014

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As in other aspects of life, communication is important at work too.  Give regular, prompt performance feedback to your employees, both positive and negative.  Don't save it up for the annual performance evaluation and then do a brain dump.  Make sure the feedback is accurate and contains suggestions for improvement.  Since no one walks on water, this should not be that difficult really.  If the manager has done his/her job appropriately through the year, nothing said in the annual performance review should be a genuine surprise to the employee.  Similarly, if a manager fires someone and the employee is genuinely surprised (yes, I know employees sometimes pretend to be shocked at their terminations), there has been an organizational failure on one or more fronts, starting with communication.  "Manage" is a verb and management is a continual, active process, no matter how great your employees are.  http://www.employmentlawman.com/monday-morning-musings.html
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    Employment Law Tips

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