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Legal/Human Resources Overview

This comprehensive guide covers legal aspects in human resources including hiring, performance evaluation, discipline, and retaliation issues. Learn how to manage employees effectively and avoid legal pitfalls. Contact our HR Manager or General Counsel for guidance.

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Legal/Human Resources Overview

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  1. Legal/Human Resources Overview John Muckelbauer, General Counsel Danielle Heinisch, Manager, HR

  2. Agenda • Employment Actions • Hiring Employees • Performance & Conduct • Progressive Discipline • Retaliation

  3. Employment Actions • Hiring employees • Have you selected the best candidate for the job? • Managing employees • Are you managing your employees fairly, avoiding favoritism and discrimination? • Firing employees • Do you have the authority to fire? Do you have the documents in hand to justify it? Have you stepped back and thought about it without emotion? Is it the best thing for the VFW?

  4. Hiring Employees

  5. Hiring Employees • Draft a standard announcement • Pay attention to the job description • Don’t target one particular class

  6. Hiring Employees • Conduct a fair interview for all applicants selected • Use a standard question list

  7. Hiring Employees • Does the applicant have the necessary skills? • Will the applicant fit into the office culture?

  8. Hiring Employees • Avoid favoritism and discrimination when deciding on an employee.

  9. Performance and Conduct

  10. Performance & Conduct

  11. Planning • Set goals and measures • Standards should be: • Understandable • Measureable • Attainable • Fair • Challenging • Establish and communicate elements and standards • Employees should be involved in the development of goals and measures • Employees should know what is expected and how well they have to do it • Plans should be flexible

  12. Monitoring • Measure performance • Measure employee’s performance through job description and observance • Conduct regular sessions with new employees to see if fit is working • Counsel employees on good work and sub-standard work formally • Provide feedback, formally and informally • Specific • Timely • Positive manner • Conduct progress reviews • View as a tool, not a punishment • Measure what is important, not only what is easy • Use multiple measures

  13. Developing • Address poor performance • Take action for sub-standard performance as well as unacceptable conduct • Communicate clearly • Provide positive, constructive feedback • Increase supervision and work closely with employee • Positive reinforcement for good performance or conduct • Assign a mentor • Skill training (classes, online and on-the-job) • Checklists

  14. Developing • Improve good performance • Training and classes • Assignments that introduce new skills • Higher levels of responsibility • Improving work processes • Cross-training and job rotation • Mentorship “The only thing worse than training your employees and having them leave is not training them and having them stay.” ~Henry Ford

  15. Rating • Summarize performance • Compares performance over time and across employees • Assign the rating of record • Based on work during entire appraisal period • Useful in granting pay increases and making other employment decision

  16. Rewarding • Recognize and reward good performance • Formal and informal • Ongoing • Intrinsic rewards • Provide meaningful work • Autonomy • Opportunities for an employee to show his/her competence • Facilitate professional development • Extrinsic rewards • Money • Verbal praise • Public recognition or awards • Promotion

  17. Progressive Discipline

  18. Progressive Discipline • Start a discipline policy. Progressive discipline is best practice. • Counsel employee formally when discipline is needed. • Always take action immediately. It doesn’t get better with time.

  19. Progressive Discipline • Steps in progressive discipline

  20. Progressive Discipline Is it performance or conduct based discipline? Is it can’t or won’t?

  21. Other Issues • Can’t I do what I want with an employee in an “at-will” state? • I’m not firing an “employee.” I’m firing an “independent contractor.” • Should I just tell the person, “you’re fired?”

  22. Retaliation

  23. Retaliation • One of the most common reasons for lawsuits. • Retaliation, or the appearance of retaliation, can take many forms: discipline, reduction in salary or status, denying benefits of employment. • Employee only needs a “good faith belief” that a wrong occurred.

  24. QUESTIONS? Danielle Heinisch dheinisch@vfw.org 816-968-1135 John Muckelbauer jmuckelbauer@vfw.org 816-968-1140

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