North State SHRM News & Legal Updates
Your source of relevant news in HR in the North State, California and nationwide.
The “alternative workforce”—contract, freelance and gig workers—make up a sizable share of the global workforce and represent a great opportunity for employers to access talent in more flexible, on-demand ways.
After receiving more than 40 public comments and holding a public meeting on its proposed wildfire smoke emergency regulation, California’s Division of Occupational Safety and Health (which is known as Cal/OSHA) has eased some of the proposed requirements.
Muslims in Turkey who observed Ramadan this year kept working despite the strain of fasting during the day, waiting to eat after sunset and waking early in the morning, before sunrise, to eat again.
The deadline has passed for bills to be approved by their California house of origin, and some key pieces of employment legislation may find their way to Gov. Gavin Newsom’s desk. Here’s a round-up of potential 2020 legislation worth watching.
When a client calls me to ask for advice about firing an employee, the first question I always ask is, “What does the employee’s file look like?”
I want to know if there exists a documented history of performance issues to justify the termination, and whether said issues are known and understood by the employee.
I ask these questions for two reasons:
So what does quality documentation to support a termination look like? Consider Anderson v. Greater Cleveland Regional Transit Authority (N.D. Ohio May 29, 2019)
Jason Anderson, African-American, claimed that GCRTA discriminated against him because of his race by denying him a promotion, issuing excessive discipline and ultimately terminating him. He lost. Why? Because his employer had a long and documented history of his performance and discipline issues.
Plaintiff was issued three (3) First Written Warnings and (2) two non-disciplinary coachings, each based on a particular circumstance of Plaintiff’s problematic or violative conduct. Plaintiff provides no direct evidence to support a finding that his discipline or termination were made because of his race. Plaintiff also fails to demonstrate how any similarly situated employee received more favorable treatment. The record does however support a finding that GCRTA’s actions against Plaintiff were made for legitimate, non-discriminatory reasons following Plaintiff’s unlawful conduct the morning of May 26, 2017 at the Double Tree Hotel.
The post How Long of a Leash Must You Give an Employee Before Firing? appeared first on Workforce.
The Employee Benefits Security Administration (EBSA) will review efforts by defined contribution retirement plans to locate participants who reached age 70 1/2 and failed to take required minimum distributions.