The importance of documenting performance problems as they occur cannot be overstated. Although this requires meeting with the employee and discussing the issue, which will almost certainly be uncomfortable, it’s your best defense to a wrongful termination claim should the employee feel litigious after termination.
Too many employers rely on the concept of employment at-will to protect them, when the reach of this concept is actually quite limited. The problem is that if an employer has little to no documentation and relies on at-will employment—and the theory that legally no reason is required—the terminated employee, their attorney, and possibly a jury of their peers will fill the blank with an illegal reason. Although you may be within your rights to terminate “for no reason,” it’s a dangerous position to take.
Anchor Staff
Recent Posts
The Importance of Immediately Documenting Performance Problems
Topics: teams, hr, documentation, termination, discipline
Be Alert: Employers Are Seeing a Spike in Phishing Scams
Phishing emails are a type of scam designed to obtain information or prompt certain behavior from their targets. To that end, they typically appear to come from a person or entity we trust.
Topics: Technology
The recipe for workplace conflict is decidedly simple: bring two or more people together and assign them a task. Unless the stars have aligned in your favor, there’s going to be some cause for disagreement between them, and if conflict ensues, their ability to cooperate will suffer.
Topics: leadership, teams, employees, hr
For many organizations, the beginning of a New Year is the perfect time to address the to-do list from the previous year or set goals for the new one. It’s a great way to focus the organization on the key priorities for the year ahead. As you make your list of resolutions, consider these three small changes you can make to your workplace to increase productivity and reduce turnover.
EEOC Guidance for Employers During a Pandemic (UPDATE)
The spread of the Coronavirus (COVID-19) has employers rightly concerned about how to handle threats of contagion in the workplace. Along with those worries come concerns about violating other laws in the process of trying to keep the workplace safe. Specifically, the ADA comes to mind; if we send someone home who appears sick, have we then discriminated against someone with a disability? Thankfully, the Equal Employment Opportunity Commission (EEOC) has answered a number of common questions that employers are asking. Additional EEOC guidance can be found here.
Minimum Wage, Tip Credit, and Exempt Salary Changes
Employers in New York are subject to different minimum wages, allowable tip credits, and minimum exempt employee salaries based on where employees work and what kind of work they do. The wage increases listed below take effect on December 31, 2020.
Topics: tips, Tax Credits, Minimum Wage, Exemptions
COVID Relief Bill: Tax Credits for Paid Leave Extended to March 31
A new $900 billion coronavirus relief bill has become law and answers the question of whether federal Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave (EFMLA) will be extended.
The answer is yes, but it’s an option, not a requirement. Here’s what employers need to know:
Topics: covid, Tax Credits, EFMLA, EPSL
Question: What is the FICA Tip Credit and how can Anchor help my business take advantage?
When it comes to any business with tipped employees, the FICA tip credit is very important when completing your year-end taxes with your tax preparer or CPA. The FICA tip credit can be applied to all taxes paid on tips your employees make throughout the year.
Question: Given the COVID-19 pandemic, should we cancel our annual holiday party?
Answer: We would certainly recommend not having an in-person event this year, which could put your company, employees, customers, and community at risk. If your event spreads the virus, your employees could become sick, much of your workforce may need to quarantine, and your event could make the news.
Topics: covid_19, covid, leadership, teams, hr, Holiday, Office Party
