HR
Best Practices
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Question of the Week: An employee was
terminated today due to poor work performance. During the termination meeting, the employee refused to take his final check or sign the termination form, stating he will return tomorrow to meet with upper management. What should we have done?
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Answer:
When this occurs, you will want to properly document the employee’s refusal. If possible, ask another manager or member of HR to step in and explain what has taken place
and request that he or she provide a signature as a witness to the employee’s notification of termination and refusal to accept documentation and pay.
Determine with senior management, ahead of time, if he or she is willing to meet with the former employee. If not, be prepared to tell the employee his termination
is final and provide the final pay with a witness. If he still refuses the final pay, you may notify the employee that you will mail the check and/or follow abandoned property rules relevant to your state, at which point the ex-employee will likely accept
the pay and leave, or will cash the check upon receiving it in the mail. Should the check come back to you, follow proper state rules regarding abandoned property, as you may be required to surrender the check.
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Assessing your hiring process
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Do you have an established hiring process, and is it followed by your hiring staff or managers for 90 percent or more of your new hires? If not, it may be
time to take a look at your hiring practices. One of the greatest tools you can have in the recruiting arena of your organization is a process. A recipe for success can set everyone up to win, including your selected candidate. Some methods to determine whether
your hiring process is working or not is to ask, analyze, and adjust as needed.
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The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons
employment ends. A “no fault” divorce permits a spouse to end a marriage for any reason or no reason at all – its label accurately advertises its results. In fact, in most states, once you satisfy the residency requirements, you can end a marriage surprisingly
quickly in the absence of financial or custody disputes. At will employment operates in a similar way.
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The proposed overtime regulations: what they say, what they mean, and what to do now.
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The U.S. Department of Labor’s long-awaited proposed rule regarding federal overtime pay regulations under the Fair Labor Standards Act (FLSA) was issued
in a June 30, 2015 Notice of Proposed Rule Making (NPRM), and the firestorm of praise/criticism has begun.
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How Fowl! Is An Employee's Text and His Girlfriend's Report Enough to Establish Notice of Need for FMLA Leave? Not So Fast...
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This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats
on December 28. Instead, he asked his girlfriend, who also worked for Tyson, to report his absence for him. She obliged and told Delbert’s supervisor that he “would be absent or late” on December 28. On that same day, Delbert texted his supervisor, stating
that he was “having health issues, would be out a few days, and needed to see a doctor.”
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