6 Most Common Reasons for Separation from Employment

Terminations spark a lot of legal actions.  They can range from the simple EDD claim for unemployment to a Department of Fair Employment and Housing (DFEH) claim which may tie you up in legal actions for a year and cost thousands of dollars to defend yourself.  From a article by theHRSpecialist.com:

1. New Hires….when you release a new hire for not following procedures, do you have a paper trail that shows you properly trained the employee?

2. Absenteeism…Documentation is critical to prove your position.  Further, did you follow your policy of progressive discipline or did you not issue warnings and then want to terminate because “he has been late a lot”.  Again, you are opening yourself for trouble.  Always document at the time of the incident.

3. Misconduct….Did you get both side in the discussion before the termination, or are you relying on the supervisor’s opinion?

4. Suddenly Declining Performance….What is the root cause?  Did you ask?  Can you document you made efforts to change the behavior?

5. Resignations….Did you ask them to reconsider?  Do you have an exit interview or other process?  Have you heard of “constructive discharge”?

6. The “no reason” termination….Do you have an “at-will” policy in place?  Do you apply it correctly?  Have you documented the “real” reason you terminated the employee for future reference?

HR Mobile Services, Inc. works with many of these situations on a daily basis.  We are here to help you work through the termination process to minimize your exposure and control the situation.  It is a good policy to contact us when you have disciplinary issues before it gets to the termination process so we can lay the proper groundwork.  Call us and we can walk you through it.

Employer Mandate Pushed Back AGAIN!!!

Some good news for a change for mid-sized employers:

Another day, another Obamacare delay. Once again, the employer mandate, which in theory requires businesses with 50 or more employees to provide qualifying health coverage for employees, is the target.

Last summer, the administration put the requirement on hold for an extra year. Now it’s tweaking the provision even further. Businesses with between 50 and 99 employees will not be subject to the employer mandate until 2016. The administration says it will require employers participating in the delay to certify that they aren’t cutting back on jobs strictly to fall under the 100-employee threshold.

The administration is also tweaking the coverage rules for larger businesses. Employers with 100 or more employees will now only have to provide coverage for 70 percent of their workers through 2016. Previously, those firms had been required to give coverage to 95 percent of their workers to meet the requirement.

This is an evolving situation that will not be resolved with this latest executive order.  In fact, there is serious debate on whether the President is overreaching his authority.  Other conversations surround eliminating the employer mandate in part or entirely.  The President insists it is not a penalty on employers, but a way to “make everyone share the burden of the cost” of healthcare for all.  A fee, a tax, a penalty, it is all money out of your business.  We will keep monitoring the situation.