When and Why Would You Use a Performance Improvement Plan?

It can be difficult for management to understand why an employee may be excelling in one area of a job while underperforming in another. Performance is evaluated on an ongoing basis but, often, it is an annual review. A Performance Improvement Program (PIP) basically shortens the length of performance reviews. It provides more feedback more…

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Can My Employer Keep Me Past City Curfew?

The short answer to this question is “yes”. Of course, telecommuting is preferable. If the work can be done from home, the employer and employee should discuss options to prevent complications that arise due to situations such as the current lockdowns or city-wide protests. Do keep in mind that factors such as business expenses vary…

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Can I Force an Employee to Sign a Non-compete?

In answering this question, it is important to note the differences between “noncompete”, “non-solicitation”, and “company” or “trade secrets” when navigating future opportunities. “Noncompete” simply means that the employee cannot seek work in the same industry by becoming an employee or partner of a competitor. Note that the “duty of loyalty” exists without any sort…

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Post Accident Drug Testing, and Why Handbooks are HARD!

In this episode, we dive into Post Accident Drug Testing. After Oct 2018, OSHA has stated that most instances of workplace drug testing are permissible, including:   Random drug testing; Drug testing unrelated to the reporting of a work-related injury or illness; Drug testing under a state’s workers’ compensation law; Drug testing under another federal…

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What Are the Law Updates for Employers in August 2020? Part 3

This episode goes through law updates in August 2020: Nebraska Employee Misclassification: The Employee Classification Act is amended to change enforcement provisions. The change provides that the commissioner may issue a citation to a contractor when an investigation reveals that a contractor has violated the act. Nebraska Smoking in the Workplace: The Nebraska Clean Indoor…

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