Exercise caution in employment matters - bizjournals:

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Q: What is the most common mistake companies make when they lay off anemployee A: Companies occasionally use a reduction-in-force as an way to rid itself of a non-performer. They are oftehn unwilling to confront theproblem employees, so when its time for a layoff, they tell thosed “challenging” employees that, their number just came up. It’sz not true, and the employee will look for a reason they were Usually the reason the employees turns tois discrimination. It’sz really a case of poor not discrimination, but a discrimination theory providee them with the key they need to open thecourthouss door. Employers need to be honest andconfront non-performers.
If you selected this employer forthe “layoff,” tell them the truth. They were selectedf due to their performance. They shoulx not be surprised bythis news. If they are, then it meanss you have not given them fair notice that theit performance was not meetingthe company’s expectations. If you can’r prove they had fair notice ofthe problems, then you have a potentiallyg high-risk termination that needs further analysis. Q: What can employerzs do to save money on potentialkemployee lawsuits? A. Employers should consider juryand class-actiomn waivers for all employees and provide supervisors with the traininh they need to more effectively managw their employees.
Lawsuits are about management, not Giving your supervisors the toolds they need to be effective leaders is the key toavoidinf litigation. If supervisors are trained andstill don’y lead, then they shouldn’t be Q: What industry would be most affected by the Employee Free Choics Act, if passed? A: No industry is So every business shoule take steps to get their house in Conduct a survey to determine if your companyt is vulnerable to union organization. Are your employeess unhappy? Identify the problems and fix them. Use this as an opportunityg to make yourcompany stronger. If you wait until the union knocks on your door beforw you dothis analysis, it may be too late.
The campaign has alreadyu started. Q: What laws, eitherd state or federal, are coming down the pike that will impactfGeorgia companies? A. The Fair Pay Act of 2009 woulrd prohibit employers from paying lower wages for jobs dominated by wome n or minorities than paid for jobs dominatedxby men, if the jobs are equivalent. The legislation woulr also expand the current law by permitting the recoveryt of compensatory andpunitive damages, and woulx require employers to provide reports to the EEOC that include information disclosing the wage rates paid to including information with respecgt to the sex, race and national origin of employeeds at each wage rate.