Employee Handbooks

FLSA Online Overtime Calculator

Thanks to New York lawyer Randy L. Braun over at Juz the Fax , for alerting me to the United States Department of Labor’s new online calculator to determine correct payment of overtime, under federal law.  I suspect he is correct that this tool may be used more by employees than employers, but either way it is a helpful site packed with a lot of information in addition to the “calculator.”  Naturally you should also check with state law before making any final determinations about proper payment.  Washington State’s Department of Labor and Industries offers a nice comparison chart regarding Washington and the federal overtime laws.  Both the federal and the state sites offer a lot of guidance for employers trying to figure out whether, and how, to pay overtime.

When You Have to Fire An Employee - 10 Things to Keep In Mind

An article in today’s Seattle Post-Intelligencer, “Use forethought, respect when letting employees go”, lays a good background of what to keep in mind when you have reached the conclusion you must terminate an employee.  This is one of the most difficult decisions to make, and I find far too many employers put it off, then a crisis forces them to act on impulse.  Here are ten key things to keep in mind when the time comes to terminate an employee:

1. DON’T lie.  A manager makes a huge mistake by trying to not hurt an employee’s feelings, or trying to gloss over performance problems because the manager feels badly about having to terminate the person.  Be direct, be clear and be quick.  You do not have to put the reason in writing, but be aware that a Washington law gives an employee the right to request that the reason be put in writing.
2. DON’T leak the decision to terminate to anyone who is not on a “need to know” basis.  Allowing the news to come through the grapevine is a sure way to make an already difficult situation ten times worse.
3. DON’T fire someone on a Friday or right before a big holiday.  Earlier in the week allows them to start looking for a job right away, and ensures access to support services if an employee is especially traumatized by the termination.
4. DON’T email or text an employee with the news.  Learn from Radio Shack's mistake - firing 400 employees via email was the PR nightmare heard round the Internet.
5. DON’T withhold money from their paycheck, other than those items required or allowed by law.  Washington has very specific laws and regulations about what can and cannot be withheld from a final paycheck.  Even when an employee steals from you, those laws must be followed.
6. DO have a third party present. Typically an HR person, but in any case it is a good idea so that later there is no confusion or ability to misrepresent what was said.  Have that person take notes.
7. DO have a security plan in place.  Think in advance what needs to be done should the departing employee become violent.  Or return with intent to harm others in the workplace.
8. DO follow your own policies and procedures.  Making sure the decision to terminate follows in step with company policies and procedures helps eliminate arguments later that the decision was somehow improper as it did not comply.
9. DO back up the employee’s computer files, and contact your IT person.  Terminated employees have been known to delete or remove files out of spite, or with the intent of taking valuable information with them to a new place of employment.
10. DO contact an attorney in advance if you have reason to believe this termination could lead to a lawsuit (even a frivolous one).