Employee Handbooks

More to Consider Before You Terminate An Employee

Both attorney Rod Stephens over at Employment Advisory and attorney Jennifer Brown Shaw of Shaw Valenzza LLP have recently written some good advice regarding facts to consider before you terminate an employee, whether a single employee termination or a layoff/reduction in force.

They point out the following issues, which I would add to my list of "10 Things to Keep in Mind" when you must terminate an employee:

• 11.  DO consider the timing.  In the Colorado case described by Stephens , one of the key problem facts for the employer is that he chose to terminate his employee immediately after receiving an email where she protested certain wage and hour policies.  Even if there might be good reasons for terminating an employee, frequently those will get lost in the shock value of terminating an employee immediately after they have asserted some protected legal right (here, the right to lunch breaks, among other things).
• 12.  DON'T fire without good documentation.  Certainly there are times where an employee engages in behavior so egregious that you might need terminate them immediately (such as an assault on another employee, for example).  However, as Shaw notes in her excellent article “Employee Terminations: Steps to Reduce Liability” , during a layoff or reduction in force it might be tempting to use the downsizing as a way to get rid of “problem” employees, you still must have a paper trail to support your choice.

Upcoming Seminars Helpful For Washington Businesses

I've received notice of several interesting upcoming seminars.  I can't vouch for their usefulness as I am not affiliated with any of the following organizations, but they sound helpful:

Washington State Department of Revenue: Learn about Washington excise taxes, reporting classifications, deductions, tax incentives, sales tax collection and record-keeping requirements at a workshop for new and small business owners, 1-4 p.m., 2101 Fourth Ave., Suite 1400, Seattle. Cost: free.  Information.

Northwest Entrepreneur Network: Experts on human resource issues will speak about the practical elements of hiring key people and the best practices in HR for building a high growth company, at a half-day workshop titled "Essentials of Employee Growth -- Scaling Human Capital," 7:30 a.m. to noon, Davis Wright Tremaine Offices, 1501 Fourth Ave., suite 2600, Seattle. Cost: $65 for members, $115 for non-members.  Information.

MIT Enterprise Forum: Colin McWhinnie, president of SalesXperts, and Jason Hausske, managing partner at Atlas Accelerator, will speak on "How To: Get Customers," 6-8 p.m. One Union Square Boardroom, 600 University St., Seattle. Cost: $25. Information.

Boomers, Bias, and Releases

    Those in the leading edge of the baby boomer generation are approaching retirement.  As with everything else relating to the boomers, the impact of the aging of this population is huge, including the impact on the workplace.  The younger members are in their 40s and the eldest are in their 60s, and all boomers are now covered by laws against discrimination based on age. 

    Violation of the laws against age discrimination can come in many forms, intentional or otherwise - from failure to hire to using age as a criteria for layoff.  Many employers are not aware that they may be violating state or federal law when they draft a job posting that includes a maximum number of years of experience.

    Given their experience and often their greater financial resources, older employees tend to be more likely to pursue a claim of age discrimination.  According to one source, the average jury award for an age discrimination claim was $262,405. "Boomers Will Affect Bias Issues"   (Though in my experience, age discrimination is often difficult to prove.)

    The Older Worker Benefit Protection Act imposes several requirements on employers when they terminate or layoff employees over the age of 40.  There is specific language that must be included in a release of claims presented to an employee as part of a termination of an employee over the age of 40, including specific advise that they have the right to seek the advice of an attorney.  Several recent court decisions also make it clear that when an employer lays off a significant number of employees, the requirements of the act must be followed to the letter or the releases may be invalid.

March Madness and Workplace Internet Policies

    I heard today that CBS will stream all the games of March Madness live on the Internet for free. See March Madness on the Internet.(Upon researching this, I see the free broadcast is limited to those who sign up in advance, and the link may be gone by the time you read this).  A local radio station here in Seattle included a commentator who mentioned how much productivity could be lost if employees watch March Madness on their computer at work, instead of working.  Given recent estimates that over $2.5 billion is gambled each year on the NCAA tournament, and given the large numbers of workplace pools, the commentator is probably not too far off base that this live feed may affect the productivity of some workplaces.

    All of which is just a firm reminder that businesses should have some sort of Internet policy in place with regards to employee use of the Internet and/or email.  As with all employee guidelines and policies, it should be evenly enforced and clearly communicated.  The degree of restriction on personal use of the Internet will likely vary with the nature of the workplace.  Employee’s rights to privacy are largely based on state law, so a lawyer should definitely review your policy to be sure it complies with local law.  One good place to start your thinking on a policy is on an Australia company’s website, Electronic Frontiers Australia Model Policy.