March 2014

Continuing in our series of Employment Law IQ, what would you do?

Scenario:  Valerie recently graduated from FGCU and got her first job, a position as HR Director for Hire You Too, a local, non-union staffing agency. Though Hire You Too has been in business for a number of years, Valerie is the company’s first dedicated HR employee. Eager to establish herself as an important member of the Hire You Too team, the first thing Valerie does is review Hire You Too’s Employee Handbook. While most of the Handbook looks good, Valerie wants to revise the Acknowledgement, because she remembers from her “Labor 101 Class” that the NLRB has cracked down on at will employment disclaimers.

Which of the following statements should Valerie avoid for the Acknowledgement?

A. I further agree that the at will employment relationship cannot be amended, modified, or altered in any way.

B. The relationship between you and Hire You Too is employment at will. This means that your employment can be terminated at any time for any reason, with or without cause, by you or Hire You Too.

C. Employment with Hire You Too is employment at will. Only the CEO of Hire You Too has the authority to alter the at will employment relationship, and then only in writing.

D. Valerie can choose any one of the three, since Hire You Too is a non-union workplace and does not have to worry about the NLRA.Continue Reading Employment Law IQ: At Will Employment Disclaimers – A Violation of NLRB?

Employee handbooks…every employer should have one, but does yours include policies that are unlawful? Test your employment law IQ and let us know what would you do.

Scenario: Dickie V., the HR Director for Bracketology Secrets, Inc., has asked Bracketology’s employment law counsel, Billy B. Ball, to review Bracketology’s Employee Handbook, which was last revised in 2007. Since then, Bracketology has grown to25 employees, all located at one central location. When Dickie V. receives Ball’s written analysis of Bracketology’s Employee Handbook, he is shocked to see so many suggested revisions.

Which of the following policies do you think Billy B. Ball left unrevised?

A.  Bracketology Secrets, Inc. compensates its employees on a merit-based system. To avoid creating hostility or other issues in the workplace, Bracketology employees are not permitted to discuss their individual compensation packages with other Bracketology employees.

B.  Employee personnel files are property of Bracketology Secrets, Inc., and will not be released to any employee or third party without a subpoena or similar court order.

C.  Bracketology Secrets, Inc. desires to keep all of its employees, customers, vendors, and the general public safe on its premises. As such, any employee who brings a weapon to Bracketology premises, whether on their person, in a bag, or in a vehicle, may be subject to immediate termination.

D.  All three policies are acceptable as written.


Continue Reading Employment Law IQ: Outdated and Unlawful Policies in Employee Handbooks – What Would You Do?