Suing employers for Family Discrimination is one of the fastest growing lawsuits today.
The Center for Work Life Law, in February 2010, reported that lawsuits claiming bias against workers who care for children or ageing parents has increased 400% in the past decade. The average verdict in family responsibilities discrimination (FRD) case now is more than $500,000.
2,100 lawsuits have been filed due to discrimination claims relating to maternity leave (67%); employees who have to take care of elder parents (9.6%), care for sick children (7%), care for ill spouses (4%), time off for newborn care by fathers (3%), and care for a family member who is disabled (2.4%).
Most lawsuits (88%) were filed by women; 12% were filed by men. The lawsuits have been brought against small and large employers in every state and industry. Employees prevail in about 50% of the cases.
Employers need to ensure that they a complying with their state and federal laws regarding FMLA, ADAA, Civil Rights Act of 1964 and Title VII. If you have questions about any of this, or think your company might be at risk, call me today so I can help you.
Source: SHRM: Cost of Family Responsibilities Discrimination Increasing for Employers. By Joanne Deschenaux, 3/9/2010
There are two types of terminations: voluntary and involuntary.
Voluntary termination is an employee resignation for another job, personal reasons, retirement, etc.
Involuntary termination is initiated by the employer to terminate the employee’s employment.
Reasons for involuntary termination can be unsatisfactory performance, layoff and misconduct (violations of employers code of ethics, conduct, policies, practices and/or rules).
It is essential that all companies and managers know the appropriate federal and state employment laws that could affect terminating employees.
Follow your employer policies and procedures in your handbook.
(Call us ASAP if you don’t have a handbook!!)
If you do not have a handbook then employers should outline the progressive discipline process for all employees. The progressive discipline process should include: Coaching and counseling, verbal warning, written warning, suspension and termination.
The employment at will doctrine (not a law) pertains to the employers right to terminate the employment relationship at any time, for any reason, with or without notice, as long as the employer is not violating any oral and written contracts, public policy, or covenant of good faith and fair dealing.
Very Important Documentation:
- Document whether the employee knew a policy existed and was warned about violating the policy.
- Document evidence that a valid business reason exists for the termination.
- Document that the termination does not violate any law, policy or employment agreement.
- Document evidence that other employees who engaged in similar conduct were subject to similar discipline. Must prove that race, color, religion, gender, national origin, disability, genetic disposition, pregnancy, age, etc) had nothing to do with the termination decision.
- Document a thorough investigation was conducted prior to any termination decision. The documentation should also have evidence that the employee was given the opportunity to state their side of the story.
- Document the discussions, record, evidence and communication to the employee regarding the performance issue, time to improve, how to improve and that failure to improve would result in termination in employment.
Conduct all meetings in private and follow up all discussion with notes.
During the Termination Meeting:
- Remain calm.
- Avoid small talk.
- Clearly state the reason for the termination.
- Avoid personal references or accusations.
- Be prepared.
- Provide the employee with the termination notice.
- Discuss final check, company property, etc.
- Exit the employee from the building.
Source : SHRM Termination Decisions ToolKit 2008; CCH Incorporated, 2008
March 2010 is the month when the Census will contact each home via mail and ask 10 questions regarding each household. The Census is conducted every 10 years, 2010 and has 10 questions to ask; therefore 10-10-10.
Please respond by mail to the census!
If you do not respond census takers will come to your home in hopes of getting the necessary information in April. The census is critical for collecting pertinent demographic information that allows for funding for schools, hospitals, fire stations, etc.
Federal law protects your identity and the answers you give:
Title 13 of the U.S. Code protects the confidentiality of all your information and violating this law is a crime with severe penalties. In addition, other federal laws, including the Confidential Statistical Efficiency Act and the Privacy Act reinforce these protections.
Key dates:
- March 2010 - Census forms are mailed or delivered to households
- April 1st 2010 – National Census Day. Use this day as a point of reference for sending your completed forms back in the mail
- April – July 2010 – Census takers visit households that did not return a form by mail
- December 2010 – By law, the Census Bureau delivers population information to the President for apportionment
- March 2011 – By law, the Census Bureau completes delivery of redistricting data to states
For more information visit the 2010 Census website.
Check out the online version of our February Newsletter:
The True Cost of Office Romance!
Happy Valentines Day!!
Exit interviews are important to gather critical information about morale, management practices, salaries, etc. Ask questions such as:
1. Why are you leaving?
2. What did you like most and least about the job?
3. Did the job give you opportunities to make adequate use of your skills and abilities?
4. How do you feel about your salary and company salary structure? Were you paid fairly?
5. How do you feel about the company’s benefits and programs?
6. What did you think about the performance management process? Did you know where your performance stood in the eyes of your supervisor?
7. How do you feel about the quality of the supervision you received on the job? Were you watched too closely? Were you given clear instructions and expectations?
8. Do you feel your work was appreciated?
9. How did you feel about our working conditions?
10. Did you receive adequate training?
11. How would you rate this company as a place to work? Would you want to work here again?
Source : HR Daily Advisor “2 reasons why you must do exit interviews” January 26, 2010
On February 24, 2010 I’ll be teaching a Lunch ‘N Learn at the Fort Worth Business Assistance Center titled:
HR Essentials for Small Business Owners. What YOU need to know to avoid fines and maintain compliance!
During this hour and a half seminar we will cover the following topics:
* What are the ILLEGAL interview questions I can’t ask applicants?
* How can having an Employee Handbook protect my company?
* Which laws must my company comply with to avoid fines?
* Are my workers Independent Contractors or Employees?
* What do I need to know about unemployment claims?
* What are the Equal Employment regulations?
* What do I need to know about wages and benefits?
* What is EVerify?
Wednesday, February 24, 2010
11:30 am to 1:00 pm; $25, includes Box Lunch
Fort Worth Business Assistance Center
1150 South Freeway, Fort Worth, TX 76104 (1-35 @ Rosedale)
Call Crystal Marrow at 817-871-6025 to reserve your spot.
With the start of this new year I want to share with you five things all employers should do to help protect their businesses and stay in compliance with the law:
1) Update your job descriptions to include the new ADAAA provisions and ensure proper FLSA (exempt/hourly) status.
2) Update your Employee Handbooks to include the Ledbetter Law, new FMLA Military Leave, ADAAA and GINA (the Genetic Information Non-Discrimination Act).
3) Update your federal posters to include GINA and new FMLA (mandated by the Federal Government on 11/21/09).
4) All employers offering benefits ensure COBRA administration is giving notice to laid off employees about their extended benefits.
5) Conduct EEO/Sexual Harassment and Safety Training if you have not done so in the past two years. (California requires supervisors be trained in their first 6 months).
If you have questions please don’t hesitate to give me a call, or if you are in Fort Worth, attend one of my HR training classes.
President Obama signed this bill into law on 12/19/2009 (P.L. No:111-118). This federal spending bill includes two important provisions:
1. Extended and expanded the COBRA subsidy program enacted under the American Recovery and Reinvestment Act (ARRA). This expands the COBRA premium subsidy period to employees who were/or are involuntarily terminated on or before 2/28/10. Employers who have affected employees will pay the 65% subsidy for employees COBRA payments and employees will only need to pay 35% of their COBRA coverage. The COBRA premium subsidy is extended from 9 months to 15 months and employers must notify the affected terminated employees.
2. Extended unemployment benefits through July 31, 2010. For example, an individual who runs out of all their unemployment benefits on or before 2/20/2010 may be eligible for an extension of an additional 14-20 weeks of benefits. All affected employees are encouraged to contact your state’s unemployment office to understand their detailed unemployment benefits. Each state, depending on their unemployment rates will have different weekly extentions.
Check out the online version of our December newsletter.
If you would like to receive this newsletter via email each month please subscribe here:
The Internal Revenue Service has provided the following guidance for 2010 regarding standard mileage for various expenditures.
These new rates are lower than the allowance given in 2009!!
Beginning on Jan. 1, 2010, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
- 50 cents per mile for business miles driven
- 16.5 cents per mile driven for medical or moving purposes
- 14 cents per mile driven in service of charitable organizations
Click here to download the new 2010 W-4 that should be filled out by all employees. If a new W-4 is not filed out in 2010, then all EMPLOYERS are to begin withholding as if the employee were single claiming no withholding allowance until the employee submits a new W-4.
