Staffing Partners, Inc. ’s Post

Non-compliance with staffing regulations can have severe consequences, including legal penalties and reputational damage, which could deter potential business. Ensuring fair labor practices is not just a legal obligation but a moral one, emphasizing the equitable treatment of all employees. This commitment to fairness is essential in building a positive work environment and sustaining a good company reputation in the market and amongst top talent. Discover how adhering to staffing compliance mitigates risks while promoting a respectful and ethical workplace, aligning with modern business values and legal standards. Click below to read our latest blog for essential insights into connecting with the right staffing partner like ours, who will ensure compliance is at the forefront of all talent acquisition efforts. #FairLaborPractices #ComplianceRisk #StaffingEthics #LegalCompliance #WorkplaceFairness

Restrictive Covenants in the Cross-Hairs: To prohibit your departing employees from taking others with them in Georgia you now must include a geographic restriction. Most Georgia employers that prohibit former employees from recruiting employees to go with them have unenforceable clauses on their hands. I have reviewed a few in the past few weeks and none of them work. We repeat that in North American Senior Benefits v. Wimmer, 368 Ga. App. 124 (Ga. Ct. App. 2023) the Georgia Court of Appeals upended 12 years of law on what I call "no-hire" clauses or non-recruitment clauses. These are not about customers but about your existing talent. Many employment agreements have a clause that essentially says that the employee agrees not to recruit or solicit any employees of the company when they leave. Under this new case law from last summer -- these clauses must contain a geographic reference to be enforceable. In other words, you might limit non-recruitment to employees living within 20 miles of the office, or maybe the local metropolitan area. If you do not, your departing employees may recruit others to go with them. It's that simple. For those keeping score, in the last couple of years courts in Georgia have struck down non-recruitment clauses and non-disclosure agreements completely for being overbroad. Moreover, courts cannot add language to these terms, they can only strike through impermissible language. Thus, if your clause says 50 miles is banned but the law is 25, the court cannot strike out 50 and put 25. Clearly Georgia employers need to review their employment restrictive covenants and adjust them to have them provide any protection to the company's business interests.

When it comes to terminations, issues can come to light after the worker has been dismissed. Melanie Samuels (she/her) talks about “after acquired cause” in a HR Law Canada interview. Read the full article here: https://lnkd.in/gtmpiKuG #WorkplaceLaw #EmploymentLaw #Termination

Are your employment contracts outdated?   We recently received a call from a manager who had been confronted by an employee challenging them on the terms of their employment contract. To the manager’s surprise he found that the employment contracts hadn’t been updated since 2002 😬 He was shocked to find how vulnerable that made the employer to challenge by the employees. Safe to say, he jumped at the chance of having their employment contracts and handbook updated with access to unlimited HR advice for a manageable monthly fee 😀 If you want to know more about why compliant contracts are so vital read our blog which covers the vital role employment contracts have in the workplace. https://lnkd.in/eevZSQrc    📞 Alternatively, consider booking a FREE HR risk review with Metis HR. We can review your existing employment contracts, outline their vulnerabilities and advise how Metis can protect your company.   #HRAdvice #EmploymentLaw #EmploymentContracts #Compliance

Among the items missing from the HR toolbox is a crystal ball. When it comes to terminations, issues can come to light after the worker has been dismissed — and these facts could potentially tip the balance in favour of just cause or bolster an employer’s already strong hand. We caught up with Melanie Samuels (she/her), a Vancouver-based partner at Singleton Urquhart Reynolds Vogel LLP and Chair of its Employment and Labour Practice Group, to explore the scenarios where “after-acquired cause” can come into play. https://lnkd.in/gtmpiKuG #HR #EmploymentLaw #LegalNews

Did you know a poor hire can easily cost up to 3x the employee’s annual salary? And with unfair dismissal protection soon to become a day-one right, the financial and legal risks for businesses are greater than ever. While these new regulations provide greater security for employees, organisations must plan carefully to manage the increased costs and potential legal challenges they bring. To learn more about these changes and how outsourcing could be a strategic solution to protect your profitability, click here 👉 https://hubs.li/Q02SVPZM0 hashtag#HiringCosts hashtag#FinancialPlanning hashtag#BusinessStrategy hashtag#EmploymentLaw

According to a recent poll, nearly 50% of employers don't know what to include in a staff contract. This means 1 in 2 employers are putting their business in danger of legal risk. With so many new HR laws coming into force earlier this year, it's likely that some of your staff T&Cs are outdated - and no longer lawful. This is why Bayley HR Associates are helping employers to create a safer and stronger contracts and employees handbooks https://lnkd.in/exV2PHFr

Demand for contract staffing has been soft for over a year, which is surprising given the relatively stable jobs market. At this stage of the cycle, contract staffing should be doing well. However, this may be due to anti-staffing legislation happening nationwide. Are these laws causing companies to shy away from contract staffing? #staffing #contractstaffing #jobmarket #legislation #temporarystaffing #employemnt

Dear HR professional, You can't just terminate an employment contract. Article 4 of the ILO Termination of Employment Convention, No. 158 and Recommendation 166 provide that: “The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.” This means you cant terminate an employment contract without cause. There are processes or procedures to follow before terminating an employee’s contract, and these must be well documented. If you don't have a termination policy, create one today and send it for management approval. I know a HR professional whose job is on the line because management asked him to terminate an employee's contract, He did so without following the correct procedures, The former employee is suing for wrongful termination up to 60 million, and in cases like this, HR is usually the scapegoat. For instance, if you uncover a fraud incident, carry out a thorough investigation. You can either place the employee on leave or suspension and ensure you have hard-core evidence to prove the said employee was involved. When you have gotten your evidence, you should send a query first and based on that make your decision. Please don't be in a hast to terminate employment. Follow the due process and document each process. #hrcommunity #humanresources #peopleandculture #employer

What lies ahead for the NLRB’s joint employer efforts? Attorney Steven Swirsky discusses what options the Board has following a Texas court’s rejection of its latest joint employer final rule, in an HR Dive article by Ryan Golden. #LaborLaw #HumanResources #EmploymentLaw