The answers provided in this FAQ are for general information only and are not intended as recommendations for legal or personnel considerations.   Frequently Asked Questions: Q. What laws do I have to comply with if I have 50 or more employees? A. There are some laws that apply to all employers and others that apply based on size. You must be concerned about federal and state laws and ensure you comply with the more restrictive of the two. Some examples include: Family Medical Leave Act Employees' Retirement Income Security Act Wage-Hour Laws, including minimum wage, overtime, child labor, and Fair Labor Standards Act Equal Pay Act Pregnancy Discrimination Act Equal Employment Opportunity Q. Can I discharge an employee without fear of retaliation? A. It depends. In an employment-at-will state, you can discharge any employee with or without cause. You should typically, as good management practices, give the employee an opportunity to understand the job's expectation, to take advantage of any additional training if warranted, and to improve overall performance. If this has taken place, has been documented, and the employee is still not measuring up -- you are on pretty safe grounds to discharge the individual even if they are in a protected group. Remember, you always face the risk of litigation even if you have treated the individual with fairness and dignity. Q. As an employer, how much can I say about an employee's appearance? A. If you are reasonable and consistent, you can typically hold an employee accountable for neat, clean, and professional appearance. An employee in a public contact position can be held to a higher standard. If the employee challenges standards set, e.g. must wear a bra if a female employee or long hair for male must be neat and held back from the face, I would suggest that there are probably other performance issues which would allow you to manage the employee out of the organization. Q. What about the staff member who is always late or absent but uses their children as an excuse? A. The best ammunition against abuse of attendance and punctuality policy is to adopt a "no fault" type of policy. All unscheduled tardiness and absences are counted regardless of reason. At some point, the employer must say to the employee -- either you improve the situation or discharge is imminent, or offer part-time employment as an option to address the employee's needs. There are some legal pitfalls in addressing this issue, if medical in nature. This may require more discussion and help. Q. What if I don't have an employee handbook or policy manual? A. The size of your organization will probably indicate whether you need such a document. Even a small company needs some written rules and regulations, if nothing more that to make it easier and quicker to make repeated decisions. Only the largest of organizations (maybe 200 employees or more) need the details required to justify a separate handbook and policy manual. Subjects such as benefits, perks, timekeeping, performance review, and company rules can easily and readily be covered in the employee handbook. A handbook is not difficult to customize for any company. Q. How can I deal with the person who does their job but is just a pain to work with? A. It is o.k. to expect certain behaviors of an employee as a part of their performance expectations, e.g. smile at 10, 2, and 4. That is an exaggeration, obviously, but if a person is difficult to get along with, they impact the work environment, productivity, and therefore, customer service. You need to be firm with the individual and let them know that negative influence on the team efforts will not be tolerated. There is a phrase I like to apply to this type of person -- feel it or fake it! Do you have a management or human resources question? If so, please submit to:   brenda@powersassoc.com   Please include your name and company in the email. About | Services | HR FAQ | HR Links | Contact Us © 2000 Powers & Associates All rights reserved.