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SAVANNAH tel 912.236.0261
BRUNSWICK tel 912.262.5996
H U N T E R M A C L E A N . C O M
Employment Law
for Businesses
of any Size
November 12, 2014
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Documents Summary
• Application
• Consent forms
• I-9
• Handbook, including employee acknowledgement
• Periodic Evaluation
• Discipline/Coaching
• “Form” not important, but Employee needs to sign
• Separation (includes GA DOL form)
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Business Considerations
• Can this person be trusted?
• Can this person’s job be saved?
• Does this person make everyone else’s job easier or
harder?
• How much time and effort are we spending on this
person?
• Does this person advance the goals of the
organization?
• Does this person put the organization at risk?
Hiring – Slow to Hire
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Focus on actual job requirements and spend some
time with the candidate
• Do you have reliable transportation to work?
• Can you get to work on time?
• Are you able to work overtime on nights or weekends
on short notice?
• Do you have specialized experience or training?
Hiring
Hiring
• Here are the job requirements – can you do this
job?
• How?
• Show me.
• Warning – Is the job description accurate? Are
you consistent with this screening device?
• What did you like best about your old job?
• What did you like least?
• What was the grievance procedure at your old job?
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Hiring
• What do you want out of this job?
• What can you do for us?
Background Checks
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Discipline/Coaching
Be consistent – treat similarly situated people the
same
• Consistency is a bench mark of employment law
• Variances in performance, conduct, outcomes, and
business requirements are valid reasons for
business decisions that treat people differently
• The reason for the business decision should be
clear at the time, not after the fact
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Discipline/Coaching
How have you handled this problem in the past?
Unwritten policies may be just as important as written ones.
Discipline/Coaching
Do not avoid the problem – it will usually get worse
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Discipline/Coaching
Avoid false emergencies – use suspensions to buy you
time
• Gather the facts
• Minimize emotions
• Consult with others
Discipline/Coaching
• Do not meet with employee alone
• Do not tape record
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
Discipline/Coaching
• No warnings for clear rules infractions
• For “softer” performance problems, progressive
discipline is appropriate.
Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean
SAVANNAH tel 912.236.0261
BRUNSWICK tel 912.262.5996
H U N T E R M A C L E A N . C O M
Presented by:
Wade Herring
HunterMaclean

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Employment Law for Businesses of Any Size by Wade Herring, HunterMaclean

  • 1. SAVANNAH tel 912.236.0261 BRUNSWICK tel 912.262.5996 H U N T E R M A C L E A N . C O M Employment Law for Businesses of any Size November 12, 2014
  • 5. Documents Summary • Application • Consent forms • I-9 • Handbook, including employee acknowledgement • Periodic Evaluation • Discipline/Coaching • “Form” not important, but Employee needs to sign • Separation (includes GA DOL form)
  • 7. Business Considerations • Can this person be trusted? • Can this person’s job be saved? • Does this person make everyone else’s job easier or harder? • How much time and effort are we spending on this person? • Does this person advance the goals of the organization? • Does this person put the organization at risk?
  • 8. Hiring – Slow to Hire
  • 10. Focus on actual job requirements and spend some time with the candidate • Do you have reliable transportation to work? • Can you get to work on time? • Are you able to work overtime on nights or weekends on short notice? • Do you have specialized experience or training? Hiring
  • 11. Hiring • Here are the job requirements – can you do this job? • How? • Show me. • Warning – Is the job description accurate? Are you consistent with this screening device? • What did you like best about your old job? • What did you like least? • What was the grievance procedure at your old job?
  • 13. Hiring • What do you want out of this job? • What can you do for us?
  • 17. Discipline/Coaching Be consistent – treat similarly situated people the same • Consistency is a bench mark of employment law • Variances in performance, conduct, outcomes, and business requirements are valid reasons for business decisions that treat people differently • The reason for the business decision should be clear at the time, not after the fact
  • 20. Discipline/Coaching How have you handled this problem in the past? Unwritten policies may be just as important as written ones.
  • 21. Discipline/Coaching Do not avoid the problem – it will usually get worse
  • 24. Discipline/Coaching Avoid false emergencies – use suspensions to buy you time • Gather the facts • Minimize emotions • Consult with others
  • 25. Discipline/Coaching • Do not meet with employee alone • Do not tape record
  • 27. Discipline/Coaching • No warnings for clear rules infractions • For “softer” performance problems, progressive discipline is appropriate.
  • 29. SAVANNAH tel 912.236.0261 BRUNSWICK tel 912.262.5996 H U N T E R M A C L E A N . C O M Presented by: Wade Herring HunterMaclean