Top Ten Reasons Terminated Employee Sue Their Employers

1. They don’t know why they were fired.
2. Bad Treatment when fired.
3. Perception of being treated differently from others.
4. Being treated differently by a new supervisor
5. Harassment immediately preceding termination.
6. Employee believes employer doesn’t know the “whole story”.
7. Inadequate investigation of a complaint.
8. Not being treated with loyalty and respect.
9. Loss of control/feeling helpless
10. Lack of financial security.

While the facts underlying the employee’s feeling may not alone be actionable, they are often the motive behind their desire for vindication. Employers may often be able to avoid that employee’s first call to an attorney by understanding termination from the employee’s perspective and taking simple steps.

StaffScapes, Inc. recommends that all employers have a disciplinary action and termination plan/policy in place.  At times a disciplinary meeting with an employee may be necessary. By having a disciplinary plan in place the employee will know what is expected of him or herself after the first incident occurs StaffScapes has developed a few helpful tips to assist and protect clients in this type of situation

The disciplinary tips should include:

• Talk with the employee promptly in a nonpublic area after the offense or problem.
• Avoid an emotional discussion.
• Determine the facts of the situation.
• Emphasize the seriousness of the situation.
• Determine the best disciplinary action to prevent the incident from recurring.
• If possible, agree upon a plan of corrective action.
• Maintain documentation of the events that took

StaffScapes a Denver based Professional Employer Organization (PEO) can help set up policy and procedures as mentioned above. Our Human Resource Department specializes in policy and procedure development, by having a few simply policies in place it can save a company countless dollars and man hours resolving a claim. Contact StaffScapes Human Resource Department or our Sales team with any questions on how a PEO can assist in developing proper termination policy.

It’s everywhere.  Every day you probably follow a group, friend someone you haven’t talked to in 15 years, tweet that your newest video is posted on You Tube TM and make sure that you are LinkedIn TM.  Keeping up with Social Media is a part-time job of its own.  It’s fun, it promotes you and what you are doing and it can keep you in touch with those in your life.  However, setting aside all of the positive aspects of Social Networking, as a business owner you must consider how this impacts you and your bottom line. 

Almost all employees have their own dedicated computer or access to a computer while on the job.  This makes it very easy to have access to the web and its opportunity for “surfing” when time should be devoted to work.  Surfing the internet while on a break or during a lunch hour is acceptable for some companies and can have positive effects on productivity.  Where it crosses the line is when an employee devotes more than their allotted break time to their social media status updates.  If you are paying your employees for time spent in non work related tasks, you are loosing revenue.  You don’t have to invest in surveillance equipment or micro-manage your employees.  But, what you should do is have a policy in place that clearly defines acceptable usage of company owned equipment and make sure that each employee clearly understands the consequences of unauthorized usage.  Should you need to reprimand an employee or terminate their employment, having a policy in place will pave the way to ensuring your decisions are supported by the Department of Labor. 

For more information on establishing company policies, contact StaffScapes at 303-466-7864 or info@staffscapes.com.

I turned on the news last night and watched as picture after picture was displayed showing the aftermath of the violent storms and devastating tornados that made their way across Oklahoma.  It happens every year across our great nation.  Buildings are destroyed, people are killed, and families go from enjoying an evening meal together to figuring out where they will sleep after their homes have been demolished.  Having been through several severe storms myself including the tornado that hit Windsor, CO in May, 2008, I am reminded that it is important to have a plan in place to deal with natural disasters when they occur.  As a business, it is your responsibility to provide a safe environment for your employees at your location.  You can’t prevent a natural disaster, but your can prepare for how to respond when the need arises.  Here are 3 Keys to help you get started:

1.  Have a written emergency evacuation procedure that includes floor plans and indicate exit locations and fire extinguishers.  Communicate these procedures with your staff

2.  Have an emergency kit stocked and accessible in each building of your business.  Include in this kit, contact phone numbers for medical treatment facilities in your area

3.  Have a designated location for all staff members to report to immediately after an emergency is declared.  Keep a staff roster with emergency contact information in an easily accessible location and account for all individuals by roll call to ensure safety and well-being of all employees

For more tips and information on preparing for an emergency, please contact us at 303-466-7864 or Eugena.Bellamy@StaffScapes.com for a complimentary copy of our whitepaper on developing your Emergency Response Plan.

During this economic recession, Colorado companies need to be aware of the CDLE’s ability to investigate companies looking for additional tax revenues.  The Colorado Department of Labor and Employment (CDLE) is required by House Bill HB09-1310, to accept complaints and conduct investigations regarding alleged misclassification of employees as independent contractors. An additional notification has also been added to the required Unemployment Notice Poster, alerting employees and contractors of their right to file a complaint.

Any person may file a written complaint alleging that an employer has misclassified an individual, who is performing work, as an independent contractor. After a complaint is received, the CDLE determines within 30 days whether an investigation is needed. If it is determined that an investigation is warranted, the CDLE will notify the company that an investigation will be conducted. Once the investigation is completed, the CDLE will issue a written order either dismissing the complaint or finding that the company has engaged in the act of misclassifying employees.

If an investigation finds that an employer has misclassified employees, the employer must pay all back taxes owed with interest. Additionally, the employer may be fined up to $5,000 per misclassified employee for the first misclassification and up to $25,000 per misclassified employee for a second or subsequent misclassification. In addition, upon a second or subsequent misclassification, the employer is prohibited from contracting with, or receiving any funds from, the state of Colorado for up to two years.

The law also allows an employer to request an advisory opinion. The opinion is available to employers seeking advice on proper classification of workers. If you would like to request an advisory opinion on whether you should classify individuals as employees or independent contractors a written, signed request must be submitted. Some of the questions CDLE will base their determination on are:

• Does the individual(s) have an independent trade, profession, or occupation? If so, what is that trade, profession, or occupation?

• How is the rate of pay determined? Is the individual paid a salary, hourly rate, fixed rate, contract rate, or by the completion of work?

• Does the individual(s) work exclusively for you?

• Do you oversee the actual work or instruct the individual as to how the work will be performed?

• Can you terminate the work the individual is performing at any time? If so, for what reasons?

• What training do you provide the individual(s)?

• What tools or benefits do you provide to the individual(s)?

• What materials and equipment do you provide to the individual(s)?

• What are the individual’s work hours? How is the time he or she works determined?

• How is the individual(s) paid? If by check, who is the check made payable to?

• Is the individual(s) business a part of your business? Is it separate and distinct?

Apple™ promotes its new Apple iPad™ as the “best way to experience the web, e-mail, photos and video.  Hands Down.”  We agree.  We also think that StaffScapes is the “best way to handle your human resources needs.  Period.”  Hundreds of people count on us weekly to be their “partners to answer questions regarding Human Resources, employee relations, process payroll, assist with workers’ compensation and unemployment claims and much more”, said Jim Thibodeau, President of StaffScapes, Inc. 

From today through Labor Day, StaffScapes will be providing one Apple iPad™ to any person or company that refers a qualifying* new client and who begins services by September 6, 2010.  This promotion is open to any client, employee, friend, relative or business associate of StaffScapes, Inc. Some restrictions apply.  For rules and regulations, please contact StaffScapes, Inc.  303-466-7864 or info@StaffScapes.com.

*see rules and regulations for qualified requirements.

Summer is here!  With no papers to write or tests to take, many high school and college students are hanging out at the pool enjoying their much anticipated time off.  But many others are looking to earn some extra money and a chance to improve their skills.  For many employers, this is a great opportunity to get caught up on tasks without the need to hire an employee long-term.  Due to the planned length of employment and the demographic involved, some employers easily confuse these jobs believing that the on the job training students receive qualifies as an internship and may offer the position as unpaid.  The Fair Labor Standards Act (FLSA) has specific requirements you need to know when evaluating the type of position you have available.  To qualify for an unpaid internship, the following criteria must be met according to the Department of Labor:

1.    The internship must be similar to the training the student would receive in an educational environment.
2.    The experience will benefit the intern.
3.    The intern does not take the place of another employee and is supervised by existing staff.
4.    The employer receives no immediate advantage from employing the intern and may in fact have their operations interrupted due to the training involved. Typically, more supervision and training is required for the intern compared to other employees. 
5.    The intern is not guaranteed a job at the end of the internship period.
6.    The employer and the intern understand that the intern is not eligible for wages for the time spent in the internship.

If all of the above criteria are not met, chances are the position would be viewed as an employment relationship and would be subject to wage and hour laws.  For more information, please review this Fact Sheet.

For further assistance or more information, please contact StaffScapes, Inc. at 303-466-7864 or info@StaffScapes.com

Cell phones are a way of life.  We update our Facebook accounts, check e-mail, find a restaurant, text our significant others and even occasionally talk to someone.  But increasingly, cell phones are becoming a vehicle for what is being labeled as “textual harassment” or harassment via text messages.  It’s easy to discount, thinking that this is a simple issue and one that won’t ever affect you, but “textual harassment” is becoming a problem for all age groups and it is an issue that employers must deal with.

Employees today are using their cell phones as new weapons for sending threatening and abusive messages to co-workers.  They are spreading non truths about others including their supervisors and/or the companies they work for.  They are sexually harassing colleagues and employees alike and even bullying co-workers.  Considering all of this, it is important for employers to have clear policies in their handbooks that detail what is and is not acceptable when it comes to texting.  This form of harassment can also apply to social media posting. When drafting your policies, consider the usage of not only personal cell phones but also privacy issues related to company paid for and company reimbursed cell phones as well. Once your policies are in place, you should establish training for staff members that explains your position and outlines procedures for complaints to management.  Dealing with reports immediately, documenting the complaint, investigating the claim and evaluating the evidence for potential corrective action will go a long way in defending you and your company should the EEOC get involved. 

StaffScapes is experienced in dealing with claims of textual harassment and works with its clients to have clear policies established.  For more information or assistance for your company, please call StaffScapes at 303-466-7864.

The Consumer Price Index for Denver Boulder Greeley has increased by 3.8%, which means a new minimum wage rate for 2012. The minimum wage rule enacted in 2006 to the Colorado Constitution requires the state's minimum wage rate to be adjusted each year for inflation. The inflation adjustment is based on the US Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers (CPI-U) for the Denver-Boulder-Greeley combined area. This adjustment is based on the difference between the CPI-U from the first half of the prior year and the first half of the current year. This adjustment will increase the 2012 minimum wage rate to an estimated $7.64 per hour, effective January 1, 2012.  The Tip credit for 2012 will again not change, so the minimum wage rate for "Tipped Employees" will be $4.62 ($7.64 - $3.02).

The above quoted rate increase is an estimate based off of the CPI change. The state should officially announce the rate increase sometime late November or early December. StaffScapes will keep you updated once the state announces any additional details.