What is the difference between an offer letter and an employment agreement? This is a common question that employers have when deciding how to document the employment of a new hire. Read this article by Nell Schiller with King & Spalding to learn the differences between these two types of agreements and why offer letters are the better option for most nonprofit employees.Offer-Letter-vs.-Employment-Agreement–Which-Form-Should-You-Use-in-Hiring
Hiring and Firing
That may be a violation of the Americans with Disabilities Act. Read this article from Constangy for tips on what to do if an applicant brings up their status themselves and recommendations on when it may be okay to collect this medical information.
Do you have to let an employee go? Even the best managers eventually find themselves in this position, and preparation is key. Join us in a conversation with Lori Shapiro, PBPA’s Employment Counsel, as she walks us through an employee termination meeting.
Click here for the Georgia Separation Notice, required for any separation from employment, mentioned in the podcast.
In Georgia, the Department of Labor requires that a Separation Notice be provide to any employee who leaves employment, regardless of the reason. The Georgia Department of Labor updated the Separation Notice form effective July 16, 2021. Use this link to download the new form. Please contact your PBPA attorney if you have any questions about the departure of an employee or this Separation Notice form.
Nonprofits that do not receive funding through the PPP or the EIDL programs have another option to consider. The Employee Retention Credit (ERC), which was enacted as part of the CARES Act, is designed to encourage eligible employers to keep employees on their payroll through the use of payroll tax credits. Read more about this option in this article.
Even if they have done everything “right” when terminating an employee, employers will occasionally get sued. So, if doing things by the book is not enough, what is? The answer is to avoid what inspires a former employee to visit an attorney. Here are four lessons learned from an attorney who has litigated employment claims for over 20 years.
This article guides nonprofit employers on how to conduct effective job interviews while avoiding practices that may lead to discrimination lawsuits.
When hiring employees, all nonprofit employers need to check employment eligibility on Form I-9, and may be required to use E-Verify.
This webcast will cover the following topics:
· Basics of completing and maintaining Form I-9
· Am I required to use E-Verify?
· Top 10 I-9 compliance mistakes.
· What does Executive action on immigration mean for me?
· Other business immigration changes that may affect my nonprofit.
Presenter: Anton Mertens, Burr & Forman LLP
“You’re Fired!”: Steps to reduce your organization’s risks in terminating employees
An employee is performing poorly . . . one of your employees is refusing to perform certain tasks . . . an employee violates organizational policy . . . WHAT DO YOU DO? Before you terminate the employee, make sure that you have fully addressed and documented the issues you are having. You should also talk to an attorney in order to minimize the risk of a lawsuit. A new article on PBPA’s website offers these and other suggestions of things to do before you issue a pink slip.
Georgia employers who hire and retain employees with prior criminal convictions may be protected against negligent hiring and retention claims under the new Fair Business Practices Act, which took effect July 1, 2014.
The Act provides that employers are presumed to have exercised the necessary due care in hiring, employing and otherwise interacting with former criminal offenders who either received a pardon or earned a program certificate issued by the Department of Corrections for successful completion of a re-entry assistance program. The new law does not extend protection for serious violent offenders, and it does not give employers unchallenged protection against claims of negligence.
Negligent hiring or retention claims still may be supported by evidence outside the scope of the pardon or program certificate of which the employer knew or should have known. For example, the new law does not alleviate the need for background checks by employers. For additional information, read the full article.
Georgia Employers Given Protection against Negligence Claims in Hiring Ex-Offenders
Article: Georgia Employers Who Hire Ex-Offenders are Provided New Protection against Negligent Hiring and Retention Claims
Your nonprofit organization is established and growing, and you feel like you are ready to hire your first employee. But are you really ready? What are the upsides of hiring an employee? Do you understand the risks of hiring an employee (or more than one employee)? What must you know before you take that leap and become an employer?
Join us for this practical workshop that provides an overview and key guidance on questions such as:
• What does having an employee really mean?
• How are employees different from volunteers or contractors?
• What are an employer’s legal duties and obligations to its employees?
• How can you best manage the risks that come with having employees?
• When and how do workers compensation, unemployment insurance, and other government requirements for employers come into play?
• How do you find, select and (ideally) keep good employees?
Evan Pontz, Troutman Sanders
Missteps in the hiring and firing process can cost employers thousands, if not millions. This one-hour webcast will guide employers through best practices for vetting applicants in an effort to maximize successful employment relationships, and minimizing risks when those relationships don’t evolve according to plan and termination becomes the only option.
During this one-hour webcast, our speakers will discuss:
- The employment laws that impact employment decisions;
- The application and interview process: “To ask or not to ask”;
- Background and reference checks;
- Hiring: “To contract or not to contract”;
- Termination: “To release or not to release”; and
- Why it is important to “Document, document, document”
Presenter: Tracy Glanton, Associate, Elarbee Thompson
Sooner or later all companies have to terminate employees. Understanding and following the best practices in this area can help keep your employee relationship healthy.