When an employee leaves a job, there is always the chance that they will bring a case for wrongful discharge. This is more likely to happen if they are fired, but even an employee who appears to leave amicably can claim that they were constructively discharged (i.e. forced to quit … Read More
When an employee is seriously injured, on or off the job, getting a doctor’s release so they can go back to work can be difficult. Unless you can tell the doctor exactly what the job entails physically, he or she is unlikely to sign off on anything other than a … Read More
The by-laws of most nonprofits include provisions for an executive committee, but not all boards make regular use of them. For smaller boards that meet regularly, there may be no need for an executive committee; for large boards or those that meet less often, they are a way to help … Read More
There are a variety of reasons an employer might deduct amounts from an employees pay check, only some of which are legal. It is certainly legal to deduct amounts required by law, such as federal and state taxes, Social Security, or a garnishment order, but beyond that it gets murkier. … Read More
One component of a Return to Work Plan, and a good way to get employees working again as soon as possible, is to provide a light-duty option, often called a transitional job. Taking a little time to think through at least the outlines of how you can accommodate someone who … Read More
Disciplining people is probably the least favorite thing that every manager has to do, aside from firing someone. While it will never be easy, here are some guidelines that may make it a little less stressful. First, know your company rules and polices. Talk to management or HR before doing … Read More
In many, even most ways, Montana employment law follows the federal laws, but there are a few areas in which it doesn’t. Here are the deviations that most commonly cause problems: Age discrimination covers all ages in Montana, not just people over 40 years old. This means that you cannot … Read More
When an employee gets injured seriously enough to miss work, it seems easiest for them to stay at home until they are completely ready to return to work. But doing so has costs to the employee and employer that should be considered, costs that can be ameliorated by a company … Read More
If you have an employee manual, these are some policies you should have: – Define the workweek, especially if it isn’t M-F 8-5 or 9-5. This can make a difference in overtime calculations. – Establish a probation period, especially if it isn’t six months (as allowed by Montana law). – … Read More
If you are unlucky enough to have to deal with an investigation in your company, one of the first tasks is to gather up all the evidence while it is still available, so that the investigator can review it. Some evidence is obvious: papers and letters, a weapon, clothing. Digital … Read More