When employees leave your company, whether they resigned or were terminated, you can expect prospective employers to contact you at some point for information about them. Your risk in providing references is that former employees may sue you if your references are unfavorable and lead to job rejection. Awards in successful defamation suits may include damages for lost earnings, mental anguish, or pain and suffering, and potentially punitive damages.
The Importance of Exit Interviews
Exit interviews can be a valuable source of information beyond learning the reasons why employees are leaving your company. When exit interviews are done well, they can uncover issues that can be addressed before they turn into lawsuits - issues such as harassment, discrimination and workplace violence. They can also provide information on how to improve procedures and can identify the programs in the company that are highly valued. Exit interviews can provide you with honest, focused feedback that you can act upon in your own time frame.
Enforcement Audits and Investigations to Increase in 2010
In 2010, all of the federal agencies responsible for enforcing federal employment laws will step up enforcement audits and investigations.
Supreme Court Ruling May Lead To More Unionization
The recent U.S. Supreme Court ruling that labor unions and corporations are permitted to spend as much as they want on their own campaign ads to support or oppose federal political candidates will have a significant impact on employers who face union interference with their workforce.
More Discrimination Lawsuits Expected in 2010
The Equal Employment Opportunity Commission (EEOC) announced earlier this month that it received 93,277 workplace-discrimination complaints in FY 2009, which ended September 30, 2009. That number is second only to the record number of charges filed with the agency in FY 2008.
Creative Rewards On A Budget
When cash is tight, business leaders may need to get creative to attract, retain, support and fully engage key employees. The following suggestions require minimal investment but can represent sustainable alternatives that truly satisfy what employees need and want.
How To Retain Top Talent During An Economic Recovery
To prepare for the economic recovery that is coming our way, employers should focus now on boosting employee engagement in order to keep key employees when the economy recovers, the job market is expanded and more attractive employment opportunities arise elsewhere. Many skilled employees may be frustrated by the actions of their employers during the recession and are just waiting for the opportunity to run for the doors. They may feel they were treated poorly by their company during the recession, are exhausted from having to work extra hard to pick up the slack for those who were laid off, or may just be interested in seeking what they perceive to be greener pastures in a better economy.
Rehiring After Layoff
Employers who have laid off employees during the past couple of years may now find themselves in a situation where they want to rehire some of those employees as the economy turns around. Before rehiring, employers will need to review a number of benefits issues to ensure compliance with separation agreements, employee handbooks and Internal Revenue Codes, just to name a few. Some of the issues to consider when rehiring employees are:
Improving Annual Performance Reviews
Employees and managers alike complain about the annual performance review process being a tedious, biased, ineffective morale-buster. A 2007 study of 2, 200 employees by Salary.com found that more than 60% of workers say reviews don’t do anything to help their future performance. Nearly eight in ten companies conduct performance appraisals, and of those, 72% report being only somewhat satisfied, not very satisfied or extremely dissatisfied with the process, according to a 2006 SuccessFactors study of 1,000 HR professionals. So why have a performance appraisal system in place when everyone is so unhappy with them?
Employment Laws and the Flu
Is H1N1 flu a serious health condition under the Family and Medical Leave Act (FMLA)?
It could be. The FMLA rule states that “ordinarily, unless complications arise, the common cold, the flu…are examples of conditions that do not meet the definition of a serious health condition.” However, complications can arise with the H1N1 flu that may result in it being considered covered by the FMLA.