Recent surveys demonstrate that nearly 92% of employers use criminal background checks for employment decisions. Public employers often have prescribed statutory background check requirements. Because a criminal background check (CBC) conducted by private companies are most often used by employers, employers need to be aware of their responsibility to obtain prior authorization from the prospective employee, and their need to insure that even with the private vendor doing the check that the employer is not violating Title VII. Further, the guidelines adopted by the EEOC layout safe harbor behaviors that a prudent employer should adopt.Continue reading
Just Cuz Or Just Cause Discipline?
Just Cuz’ I want to is a sufficient reason for discharge in an at-will employment situation. In the public sector, “Just Cause” is a very common element of employment and is becoming more prominent in private sector employment. Some states integrate just cause into the fabric of the legal elements in “for cause” termination. In a true labor/employment written contract, when “just cause” is included as a basis for termination it looks something like this:Continue reading
There are occasions when there is a traffic accident, tree across the road, a sick child, family emergency, etc., which are those uncontrollable reasons that make a person late for work. It happens. Just not three times a week or nine times a month. Most managers eventually get the nerve to talk to an employee who is frequently late, but the manager is often more nervous than the employee about the conversation. And, if the manager doesn’t talk to the employee the first several times they are late, then the employee often asks themselves, “Why is she talking to me now I’ve been late six times already?” This reinforces a potential grudge by the employee and a disappointment for the manager. Further, the employee who is later disciplined or terminated will say they don’t recall the previous conversations and worse, that the employer had established a practice of overlooking tardiness. Ouch!Continue reading
Ever hire a Lemon to work for you? Has it resulted in increased blood pressure, tension headaches, migraines, complaints or lost revenue? Do I need to say more. Probably not. This blog is dedicated to helping managers deal with employee problems. All kinds of problems: big and little. Problems that require counseling employees to improve and problems that require discipline up to and including termination. This is an “Employee Problem Blog,” or said another way a “Problem Employee Blog.” Sometimes it will require a legal solution and when it does, we will tell you about possible legal solutions. For the most part however, we want to keep you away from legal solutions because they become very expensive. The secret to having a lemon and maintaining your own sanity, is the art of turning one into lemonade.Continue reading