The idea that your employees might have a complaint about their work is either laughably obvious or unpleasant to think about. Either way, it can help to have a grievance policy written down so employees know when it is appropriate to involve the boss, and what kind of information will … Read More
One of the trickier issues in an employee manual is how to handle discipline.There are three tendencies that commonly cause problems: state the ideal process as an absolute, list what will get an employee fired, and spread discipline throughout the manual in bits and pieces. The first one is the … Read More
There are lots of policies that can and should go in an employee manual; here are the top ten from a lawyer’s perspective: EEO and Harassment. This is pretty basic boilerplate covering nondiscrimination, harassment, and how to report it. Attendance/Punctuality. Employers can require that employees show up for work, so … Read More
Since Montana is not an at-will state, employers must have good cause for firing an employee past the probation period. In general, good cause means that the employee did something wrong that affects the business, and that they have had a chance to fix it but didn’t. Good cause does … Read More
When an employee leaves a job, there is always the chance that they will bring a case for wrongful discharge. This is more likely to happen if they are fired, but even an employee who appears to leave amicably can claim that they were constructively discharged (i.e. forced to quit … Read More
Disciplining people is probably the least favorite thing that every manager has to do, aside from firing someone. While it will never be easy, here are some guidelines that may make it a little less stressful. First, know your company rules and polices. Talk to management or HR before doing … Read More
If you have an employee manual, these are some policies you should have: – Define the workweek, especially if it isn’t M-F 8-5 or 9-5. This can make a difference in overtime calculations. – Establish a probation period, especially if it isn’t six months (as allowed by Montana law). – … Read More
If an employee makes a complaint about your business – discrimination, safety violations, harassment, financial irregularities – your next and possibly bigger problem is avoiding a retaliation claim. Whether or not the original complaint was true or validated, an employee can claim that you retaliated against them for the complaint … Read More
Thanks to a recent US Supreme Court case (Vance v. Ball State University), there are some changes in how businesses define a supervisor – or there should be. A supervisor is no longer just anyone who gives another employee directions or assigns tasks. Now a supervisor has to have some … Read More
Firing an employee is never fun. Depending on the circumstances, emotions can run high and there may be concern about a wrongful discharge suit. Writing out a termination letter, whether or not you plan to give it to the employee, is a good way to calm emotions and prepare for … Read More