When an employer hires an employee, and terms are settled upon via the employment agreement, a written contract takes force. Often employers don’t realize that the terms in the agreement are binding on ‘both’ parties, and as important, require mutual consent to change said terms. This is where employers who take actions to unilaterally change the terms of employment run into trouble. Such actions could be considered ‘constructive dismissal.’Read More
All of us have likely read an article that outlines what should be included in an employment agreement. However, many such articles do not explain ‘why’ it is important that certain items or terms be included in an employment agreement to make it most effective. For the owner or operations head of a small or mid-sized business, it is critical that you understand ‘why’ certain conditions are needed in a contract to allow you to effectively and properly implement and enforce the terms.Read More
When an employee is absent from work, you have to ask yourself "Why?" as each reason is not equal, and some reasons should be protected from disciplinary action.
I have always maintained with employers, employee groups and unions alike that the first essential expectation of employment is acceptable attendance. You can be the very best at what you do, however if you are not in the workplace to carry out your functions, your skills and capabilities are essentially of no value. As much as high absenteeism costs employers in the way of lost production, sick time costs, overtime costs, poor workplace moral, etc., it amazes me how very few employers have an appropriate attendance management program in place.Read More
Employees now have more background knowledge of their workplace rights & entitlements. Do your own detective work or face legal troubles later on.
When you work in the same field for a lengthy period, you become privy to trends and, in turn, sometimes formulate a theory. My theory … it seems as if employees are a lot more educated about their rights and employer obligations than they used to be. I can’t say for certain if employers are less educated than they once were, but certainly, relative to what I believe the balance once was, employees are getting the jump on employers much more often.
For your reading pleasure, I thought you all would enjoy hearing a few real-life examples that I have encountered in only the last month. These examples are situations where an employee has brought forth a complaint to or about their employer, and frankly, the employer did not realize that they were doing something wrong.Read More
Most employers use employment agreements or contracts when they bring new employees on board. The employee agreement is absolutely the most important document in the life cycle of the employment relationship. An effective employment agreement can accurately frame the relationship, expectations, and remuneration as well as limit exposure for both parties. However, an agreement that is not well written or is lacking important details can have damaging results for employers.Read More