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All posts tagged 'claims'

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Are your discrimination claims going up? You need a HR outsource. Here’s why.

Are your discrimination claims going up? You need a HR partner. Here’s why. USA Today recently ran an informative article, based on recently release EEOC data, on why your discrimination claims are going up. Understanding the effects of recent market and discrimination law changes will help you better prepare for what’s ahead for you. Contributing Factors to more claims: Changes to the Americans with Disabilities Act last year made it easier for people with treatable conditions to say they are disabled (epilepsy, diabetes, etc.) Legislation signed into law by President George W. Bush before he left office directs courts to apply the definition of disability more generously. We have a more diverse workplace with people from all over the world and made up of many races. The economic environment seems to be contributing to employees being more aware of their rights. Changes at the EEOC filing processes (and EEOC website) have been made it easier for an employees to learn abou ...

Why national unemployment levels mean legal hassles for you.

Why national unemployment levels mean legal hassles for you. As a business owner, you should understand that a significant level of unemployment is the largest predictor of an increase in employee lawsuits relative. Understandably, employers face difficult questions and concerns during a weakened economy What is the process for an employee’s layoff? Which employment laws are relevant? How can I avoid an employee lawsuit? How do I combat lowered employee morale? A downsizing employer is expected to navigate a complex legal and human resources minefield, and must get its answers right the first time. Employers will increasingly seek legal guidance to minimize risk when answering these critical questions and dealing with laws. You may need compliance assistance (or a shoulder to cry on) during an isolated layoff, You should develop a strategic reduction-in-force plan while consulting your legal resources. In this way, you can avoid looming legal hassles that are ...

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Having an employee sign a separation agreement doesn’t cover you completely.

Having an employee sign a separation agreement doesn’t cover you completely. If you offer a severance, a separation agreement and general release is essential to secure the release of employment-related claims. Keep in mind that not all claims can be released by an employee, Including: Wage and hour claims Certain workers' compensation-related claims Family and Medical Leave Act (FMLA) claims (courts are split over this issue). Additionally, an employer cannot bar an employee from filing a charge of discrimination (although it can prevent an employee from obtaining related monetary relief thereunder). Because of varying local/state employment laws, employers should be encouraged to seek outside counsel for separation agreement drafting and review. A separation agreement should be clearly written and must comply with local, state, and federal law. Important factors must be considered when negotiating severance and drafting a separation agreement. Modern Business ...

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Benefits of Performance Appraisals include Compliance Protection

Benefits of Performance Appraisals include Compliance Protection A performance appraisal system, when properly managed, provides you with a means of measuring, maintaining, and improving your employee’s job performances. Through the job performance appraisal program, your company can: Validate hiring decisions Recognize employees' job performance strengths and weaknesses Identify employees who are ready for promotion or greater responsibilities Assess training needs From a compliance perspective, you should be able to rely on performance appraisals to justify the full range of personnel decisions, including discipline and termination actions. For example, if a performance appraisal reflects poor job performance by the employee and this employee is later terminated, the you can point to the performance appraisal to show the employee was not performing to standards. If, however, an employee with overall weak performance is given a good or even average appraisal, and ...

Get help assessing your worker’s compensation claim history so you don’t ruin your bottom-line this year. Here’s how.

Get help assessing your worker’s compensation claim history so you don’t ruin your bottom-line this year. Here’s how. As a large business executive, you may be considering the use of a PEO to help mitigate your workers’ compensation risk exposure. In today’s market, large companies are requesting assistance from their PEOs to determine their worker’s compensation loss potential and whether self-funded types of insurance programs are right for them. Savvy Professional Employer Organizations have developed specialized services that cater to this topic, specifically to large businesses. Your company may be utilizing a self-funded, or partially self-funded, workers’ compensation insurance program in an attempt to secure cost savings. These programs provide large clients with a cost saving alternative to traditional insurance. This means you are retaining a portion of the risk of loss from claims expenses rather than transferring the risk to the insurance company. With the wrong circumstanc ...

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