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

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

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

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

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

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

The preparation and revision of job descriptions is a dreaded task and often forgotten or put on the back burner.  Don't underestimate the importance of job descriptions.  They can be used to describe open positions for hiring purposes, help determine whether a position is overtime exempt or not, as a basis for performance appraisals and raise determinations, determining essential functions and part of the reasonable accommodation(s) dialogue and more.  They are only useful if they are accurate, reviewed by legal counsel and revisited for accuracy from time to time.  A common mistake is to prepare job descriptions once and never review them again.  Job expectations can change over time.  Don't wait until your company gets sued to realize the importance of accurate job descriptions.  Again, preventative law is the key.  Take the offense, don't just play defense.  
http://www.employmentlawman.com/monday-morning-musings.html

When was the last time your employee handbook was reviewed by a qualified lawyer?  If you can't even remember, it's definitely time for a review.  A well-written employee handbook is an invaluable tool, badly written your worst enemy.  They are not one-size fits all.  Be sure to have it reviewed for legal compliance on a regular basis (once a year is a good rule of thumb) because employment law is constantly changing and certain employment laws vary by state and even by city.  The Employment Law Man has prepared and reviewed numerous handbooks for over two decades and can help you with this dreaded but important task. Contact me for your employment law needs.  
 http://www.employmentlawman.com/monday-morning-musings.html