Minnesota Employment Law Part 2: Hiring and Firing Compliance
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This document discusses best practices for terminating employees, including conducting a reasonable investigation, following policies and procedures, comparing to past disciplinary actions, ensuring consistency, maintaining confidentiality, considering all options, assessing legal risks, documenting decisions, having an HR representative present at termination meetings, explaining benefits and reasons for termination to the employee, and addressing post-termination implications. The key steps are conducting an objective investigation, making decisions consistent with past practices and policies, properly documenting the process, and clearly communicating the reasons for termination to the employee.
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Design and administer an effective selection process.
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This document provides information about an upcoming webinar on recruiting and hiring employees. The webinar will discuss legal issues related to interviewing, background checks, job offers, and restrictive covenants. It introduces the four panelists who are attorneys that specialize in labor and employment law. The webinar is part of a series that addresses various aspects of the employer-employee relationship from hiring to termination.
What You Need to Address When Going into Business with Someone
A look into how to prevent preliminary business issues from derailing your company. A quick look at Non-disclosures, Non-solicitations, and other documents and contingencies you should address.
Living W And Wo Unions
This document provides an overview of a presentation on unions and union organizing. It discusses what makes companies vulnerable targets for unions, including industries with high union win rates. It also covers how unions gauge employee satisfaction, common reasons employees seek to unionize like unfair treatment and lack of communication, and signs that union organizing may be underway. The presentation provides guidance on policies and procedures companies should have in place. It also outlines dos and don'ts for supervisors during union campaigns and strategies for educating employees.
Independent Contractor or Employee? Understanding the Risk of Misclassificati...
Many businesses choose to work with independent contractors, which is perfectly acceptable. But only if you follow the legal parameters. The IRS has strict worker classification rules regarding who is a contractor and who is an employee. Get it wrong and you could face severe penalties, including back taxes, steep fines and, in some cases, even prison.
No HR Staff? 7 Crucial Moves to Master Everyday Employee Management
There's a point when it becomes obvious that a business needs an HR professional on staff. Until then, managing the required recordkeeping tasks, handling questions from employees, and taking proper steps to protect your business from legal risk can seem like a never-ending burden that distracts from other critical business activities. And yet, you can’t afford to ignore these responsibilities.
Take a deep breath! This free webinar will provide practical guidelines for getting HR activities under control, even without an HR specialist on staff. After the presentation, you’ll have solid information to help your business run more smoothly and, most importantly, protect you in the event of an employee lawsuit.
In this insightful webinar, you'll learn:
• Common mistakes to avoid when hiring
• How to create an organized recordkeeping system
• Employee policies every business needs
• The right way to document performance issues
• Why accurate labor law postings are critical
• Steps to prevent a costly harassment claim
• How to use technology to reduce HR overhead
It's So Hard to Say Goodbye: Minimizing Risk When Terminating Employees (Seri...
Involuntary terminations are never pleasant, but they are an inevitable part of business. Whether an employee is being let go due to poor performance or serious misconduct, chances are that he or she may take issue with the company’s decision—either during the termination meeting or at some point down the road. In the event the terminated employee decides to visit the nearest Equal Employment Opportunity Commission Office or meet with a plaintiff’s attorney, you want to make sure that you have taken steps to minimize risk and give your organization its best chance to defend against claims of discrimination, retaliation and/or wrongful discharge. This webinar discusses the various issues you should consider not only when you are making the decision to terminate but also in the weeks and months that lead up to that point. Drawing on their experiences as an HR consultant and management-side employment lawyer, the panelists provide practical tips to minimize exposure and best practices for conducting an employee termination meeting.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/minimizing-risk-when-terminating-employees-2020/
The People Puzzle
Staples Rodway's Taranaki HR team explains the importance of getting each part of the people puzzle right.
- Recruitment Process
- Employment Agreements and Contracts
- Performance Management and Disciplinary
- Restructuring and Change Management
- Employment Legislation in New Zeland
Investigations august2012vpt
Not Affiliated with Mold-Rite Plastics. Content draft form and upload testing. Not for professional or commercial use.
Basics of the Grievance Procedure
The document discusses grievance procedures for resolving disputes between workers and management. It defines a grievance, outlines the purpose and steps of a grievance procedure, and provides guidance on writing and presenting grievances. Key points include that a grievance procedure provides an orderly process for handling disputes, outlines representation for workers, and includes provisions for arbitration if earlier steps do not resolve the issue.
Similar to Minnesota Employment Law Part 2: Hiring and Firing Compliance (20)
Avoid Termination Blunders: How to Fire an Employee Legally & Fairly
Avoid Termination Blunders: How to Fire an Employee Legally & Fairly
Responses to first 15 question should be in your own words and be .docx
Responses to first 15 question should be in your own words and be .docx
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...
What You Need to Address When Going into Business with Someone
What You Need to Address When Going into Business with Someone
Independent Contractor or Employee? Understanding the Risk of Misclassificati...
Independent Contractor or Employee? Understanding the Risk of Misclassificati...
No HR Staff? 7 Crucial Moves to Master Everyday Employee Management
No HR Staff? 7 Crucial Moves to Master Everyday Employee Management
It's So Hard to Say Goodbye: Minimizing Risk When Terminating Employees (Seri...
It's So Hard to Say Goodbye: Minimizing Risk When Terminating Employees (Seri...
Minnesota Employment Law Part 2: Hiring and Firing Compliance
- 1. THE TRICKY TRUTH ABOUT HIRING AND FIRING COMPLIANCE Part 2: Terminating SEILER & ASSOCIATES, PLLC 7900 Highway 7, Suite 350 Minneapolis, Minnesota 55426 952.358.7400/info@seilerlaw.com © Copyright 2010 Seiler & Associates, PLLC These materials are for educational purposes only and do not constitute legal advice. Participants and readers should seek the advice of counsel of their own choosing before taking or foregoing any employment related action.
- 2. Terminating: Ready… Aim… Fire
- 3. 3 An Overview Reasonable and Objective Investigation To Determine Whether The Employee Is Actually In Violation Follow Policies And Procedures In Handbook Collect Sufficient Evidence Compare (Contrast) Prior Disciplinary Actions With The Current Questionable Conduct/Performance Termination Consistent With Past Employees With Similar Circumstances
- 4. 4 Under Investigation There Are Always Two Sides To Every Story Get All The Facts Employee’s Work/Discipline History With Current Employer Was The Accused Given An Opportunity To Correct? PIP? Other Disciplinary Options? Confidentiality: Dispense/Share Information On A Need To Know Basis Will All Participants/Witnesses Be Informed? Consider All Options Disciplinary Options Be Consistent With Similar Past Situations Follow Polices & Procedures In Handbook Conduct A Legal Risk Assessment Setting Precedent
- 5. 5 The Final Decision Do The Facts Support Your Decision? Proximity of Termination To Salary Increases, Promotions, Etc. Past/Recent Neutral/Positive Opinion Reviews Precedence: Do You Want To Do This Again? Legal Risk Assessment The Big Event: Don’t Back Down! And Stick To It! Know Your Plan Of Attack Stage and Prepare For The Meeting Location, Location, Location: Neutral Assure There Will Not Be Any Interruption Who Is Present? Who Delivers The Message? Who Runs The Meeting? If Necessary, Alert Security Ahead Of Time
- 6. 6 Separation Agreements Practical Problems Encourage Employee to Seek Counsel Improperly Drafted/Executed Educating as to Possible Claims General Waivers ADEA Older Workers Benefit Protection Act (OWBPA) All Waivers Under ADEA (40 Y.O./20+ Employees) Written, Specifically Address ADEA Rights and Claims Only Apply To Claims/Rights Through Date Waiver Signed Valuable Consideration In Exchange For Waiver 21 Days To Consider (45 If RIF) Revocable w/in 7/15 Days Of Signing (MN Rule) No Fraud RIFS WARN ACT: Written Notice To RIF Members Of Group Eligibility And Titles/Ages Of Eligible Employees The Final Decision
- 7. 7 HR Representative Attends Unbiased Opinion Demonstrates Decision Is That Of The Company, Not Solely The Supervisor’s Listen To Employee’s Response, Yet Stick To The Objective Allow For An Opportunity For Questions Do You Have To Tell Employee Why He Or She Was Fired? Exit Plan Communicated And Followed Escort; Immediate Versus End Of Day; Gathering Of Personal Belongings Document The Day Of Reckoning
- 8. 8 Benefits Explained To Termed Employee COBRA 401 (K) Reasons For Termination: Employer Must Provide A Terminated Employee With Reasons For The Termination If The Employee: Provides Written Request Within 15 Working Days Following Termination Employer Must Provide Written Truthful Response Within 10 Days Of Receiving Written Request Defamation Action Prohibited Minn. Stat. §181.933 Personnel Records: Employer Must Provide A Copy Upon Employee’s Written Request Post-Termination:Practical Implications