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Legal tips on how to prevent problems & avoid lawsuits
Provided as a courtesy for friends and clients of Innovative Law Group by Oregon Business Attorney Alan Thayer, who welcomes your questions and comments. Call 541-345-2325 or email Alan at alan@thinkILG.com.
Entries in Employment Law (65)
New Military Family Leave Law
Employers must follow new undefined law.
There are two new types of leave under federal law for families of active service members - active duty family leave and injured service member family leave. What are your obligations under this new law? We do not know. The statute passed by Congress requires you to follow rules that will be adopted by the Secretary of Labor. You must follow this new law effective January 28, 2008 even though no new rules have been adopted.
Alan Thayer
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Military Family Leave Notice
The U.S. Department of Labor has issued a new Military Family Leave poster that employers are required to post. We put a copy of the poster on our website so that you can download it for free.
Military Family Leave Policy
You must revise your current FMLA policy to include Military Family Leave. If you would like language we prepared that is consistent with new Military Family Leave requirements, simply call our office at 541-345-2325 and ask Rose or Stephanie for a copy.
Alan Thayer
Business Attorney
New I-9 Form
Alert LegalBriefs readers have noticed that the I-9 immigration form has an expiration date and that date has long passed. The Department of Homeland Security and the U.S. Citizenship and Immigration Services have stated employers should continue to use the old form until a new form has been issued. That new form is now available.
This issue of LegalBriefs will tell you how you can get the new form and the government’s Handbook for Employers for free. Changes in the new I-9 form will also be discussed.
Rehiring Former Employees
Have you ever rehired a former employee? Are there any circumstances where you might possibly do so in the future? If you have or if you might, what are the rules on benefits? Do their former years of service count towards current vacation levels and other benefits?
Don’t Get Spooked With A Halloween Lawsuit
Are you hosting a Halloween party for your employees? Will you allow people to come to work next Wednesday (Halloween) dressed in costume? If you answer “yes” to either of these questions, are you taking steps to prevent your business from being haunted by a lawsuit?
Final Paycheck - Show-Up Pay
Let’s say you decide to fire Joe. First thing when he shows up, before he starts working, you pull him aside, explain that things are not working out and let him go. You know that you need to give him his paycheck within 24 hours. Do you have to pay Joe for coming in the day he was fired?
No-Match Letter Update
Two weeks ago we told you about a pending immigration case with important ramifications for all employers - Immigration - Employers Caught in the Crossfire.
A Federal judge in San Francisco had temporarily blocked enforcement of new Federal immigration regulations. Those new rules seek to require employers to take action after receiving notice that a Social Security number given by an employee does not match Social Security Administration records.
Oral arguments were heard on October 1, 2007 on whether to continue the enforcement ban. The judge has now entered his ruling.
Immigration - Employers in the Crossfire
Major candidates for President have privately stated that the number one issue on the campaign trail is immigration. The immigration issue is bigger than healthcare. It is even bigger than the Iraq war.
Everyone has questions. Employers probably have more questions than anyone.
Employment At-Will Basics
The general rule in the United States is that either the employee or the employer can terminate the employment relationship at any time, with or without notice and with or without cause. This is known as "employment-at-will."
Since the 1930's, judges and politicians have looked for ways to limit your ability to dismiss employees that do not work out. They have created three exceptions to the general employment-at-will rule (1) breach of a written, oral or implied contract, (2) failure to treat fairly and (3) violation of public policy.
8 Additional Employee Evaluation Tips
Last week you learned about our simple 2-Question method for employee evaluations. There are 8 additional points you and your supervisors should consider when completing the 2-Question evaluation or any other evaluation form.
The 2-Question Employee Review
Is there a simple, effective way to give meaningful employee reviews? A way that your supervisors can actually complete on time and your employees will appreciate?
Yes there is – and it only takes one page!
Years ago I adapted a novel critique technique for employee reviews. After recommending this innovative approach to clients countless times, it has now been endorsed by none other than Jack Welch, the legendary former General Electric CEO.
Question Job Applicants Effectively & Legally
A client today asked what questions they could ask in a job interview that would reflect on trustworthiness and confidentiality. You may be interested in the tips we offered.
How to Fire a "Bulletproof" Employee
The last issue of LegalBriefs discussed how poor performers or troublemakers can become "bulletproof" before you take action to terminate them. They file a workers compensation claim or complain about any one of a number of conditions protected by statute, whether the complaints are legitimate or not. This article will discuss how to terminate those employees if they really are not working out.
Oregon Bill to Protect Marijuana Use
Oregon Senator Ryan Deckert (D, Beaverton), has introduced Senate Bill 423 to outlaw discrimination against medical marijuana users. With almost 13,000 Oregonians currently holding marijuana cards, each and every Oregon employer faces a very real prospect that, if adopted, this law will apply to them.
Here is what the bill would do –
Don't Let Problem Employees Become "Bulletproof"
Once an employee says that he or she has been injured, complains of a condition they say they believe is unsafe, claims they have been harassed or takes other action that is protected by state or federal law, the employee can become all but "bulletproof." Employers are reluctant to fire these people even if plans were already under way to do just that. Settlements in retaliation claims between 1998 and 2004 averaged $845,147. Employers are at great risk.
There are answers.
14 Tips on How to Improve Attendance
Do you have attendance problems? Are you looking for ideas to improve employee attendance?
Recently, at my request, Associated Oregon Industries polled prominent employment attorneys and human resource managers on tips for improving workplace attendance. Their 14 suggestions, in their own words, are set out below.
Saddam Hussein, a Brazilian Supermodel. . . & You
Would you like to see an unauthorized video of your organization on your local TV news? Are your employees taking embarrassing or sexually explicit photos of other employees, customers or members of the public? Are images of your confidential information walking out your door in cell phones?
What is an employer to do? We have a few suggestions.
New Year - New Minimum Wage
Oregon minimum wage rates increase automaticly the first of every year. Effective January 1, 2007, the hourly minimum wage increased to:
New Year - New Employment Posters
With the new year, Oregon requires employers to post two new employment posters. We combined both of those posters into one file that you can download from the ptlaw.com website at the link discussed below.