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Ever worry that involving HR makes things more complicated than necessary? Feel like corporate HR “speak” has a tendency to be overdone – to lose its audience.

Time for a reset; at the very least for small businesses.

I recently received an email, from a vendor we are quite happy with, that had all kinds of technical jargon on it. Yikes!  My head hurts. I’m intimidated, frustrated.

Are we paying for something that we aren’t using in full or don’t understand? I guess I’ll let a Software provider sit in the “IT” world of complexities, but I’d really like HR to live in the land of accessibility. So…

Simon Sinek once pointed out that Martin Luther King, Jr. said “I have a dream, not I have a plan. Look at all those politicians with their 10 points plans.  They aren’t inspiring anyone”.

HR DONE DIFFERENTLY!

I’ve fallen in love with our new aspirational Vision statement. We searched, pondered and collaborated on a rallying cry.   Now is the time to put some real meaning behind that with some NEW RULES.

1.     FOCUS ON NEED TO KNOW.

The goal is simpler and shorter, so you don’t compel your audience to avoid or tune out. A laser focus on need to know, instead of all there is to know or consider.

In every situation, challenge or discussion there is so much that could be known. In some cases, there might be a dozen options to consider or potential scenarios to worry about, some of which have a low probability of happening. Stop! When HR provides support and opinion, for a quick resolution, give a credible opinion. Focus on what needs to be known versus all there is to know. Stay relevant and on point so you keep your audience’s attention.

2.     FEAR TACTICS DON’T WORK.

Many business owners and leaders grow to fear two things: 1) government agency audits, like Department of Labor and the IRS, and 2) employee lawsuits.

There is no reason for HR to be adding fuel to the fear fire. If you think about it, it’s is near impossible for a business and leaders within to not have knowledge gaps. No one says “you will have to take an employment law course before you can get that business license or take that job”.

In addition, it’s time to tell leaders to stop being held hostage by the potential of a lawsuit. In reality, anyone can get sued.  It’s how you defend yourself (documentation!) that makes the difference.

When HR recognizes the confusion, misstep or misunderstanding, how we educate should feel empowering. We must get people to a place where leaders want to learn about and apply HR knowledge to their day to day decision making.

As Maya Angelou once said, “when you know better, you do better”. 

3.     DITCH NEGATIVE WORDS.

Compliance. Typing it even gives me the sense of a gut punch.  I feel the same way when reading unnecessary legalese; see Employee Handbook below.  Make sure you are complying with Labor Laws. Famous HR “speak”. Ugh. See above in regards to fear.  Instead, follow labor laws. Let’s do our best to make business owners and leaders aware of and able to follow, to the best of their abilities, the federal-state-local labor laws that affect the businesses.

Audits.  =Who wants that? Audit just sounds like I am about to be fined. Think about opportunities for improvement instead. Evaluate the needs (find), and create a plan to action to solve (fix).

Disciplinary Action. Old school. A business does not employ children and HR certainly isn’t grounding them or putting them in a time out chair. Replace with Corrective Action.

Probationary Period. What a lovely way to scare off a new employee. So, terminating an employee who isn’t working out is leaving a jail to go out on probation?  It’s Introductory Period. Or Trial Period. Choose a phrase and policy that tells new employees that the company wants them to succeed. Speaking of new employees…

4.     STOP OVERWHELMING NEW EMPLOYEES.

Ever been hired by a company that made a really bad impression on day 1? HR needs to self-reflect, regularly! Put yourself in the shoes of incoming new employees and say “if that was me, would this be a way to win me over and keep me motivated?”.  If the answer is no, change course and consider this:

• Before Day 1. What can you take care of before day 1? Paperwork, work space, equipment, supplies?
• Accountability Checklist. Who is responsible for what on day 1 or week 1? Follow a checklist that identifies who will lead or take care of what. This should include time of arrival and who greets the new employee.
• Memorable Training. That means reflecting on the messaging, content and length. Why does a mass amount of information have to be shared all in one day? Majority won’t be remembered so stop wasting time. Break it up – think Nano Training. Messaging and content should be interesting and impactful. Games should create engagement.  As with any training, the best form of includes fun (games!), pictures and stories.
• Employee Handbook highlights. Don’t ever mandate or expect a full read. Just tell them who to talk to if there are questions, and where they can find an electronic copy. Point out the good stuff! Vision, Mission, Core Values.  Speaking of Employee Handbook…

5.     MINIMIZE OR ELIMINATE LEGALESE IN EMPLOYEE HANDBOOKS.

HR professionals work with some small business owners that believe handbooks are contracts with guarantees and therefore the don’t want them. They sure look like contracts if written by an attorney. But handbooks are actually an invaluable communication, accountability and risk minimizing tool. But good luck getting employees to clearly understand them if legal language and terms is contained within. It’s time to rewrite handbooks in a way that standards and processes are easy to locate within, and easy to follow.  Some signs that an Employee handbook needs a redo: 1) Missing mention of company Vision/Mission/Values. 2) Employees or leaders roll their eyes when asked if they looked in the handbook.  3) Handbook is not provided during new employee on-boarding because, frankly, everyone hates it.

6.     NEVER UNDERMINE THE LEADER-EMPLOYEE RELATIONSHIP.

This means expectation setting and boundaries. HR is not designed to be a therapy session. Open door and problem resolution means listening and empowering affected parties to take positive steps forward to find a solution. HR’s first question should always be: 1) Have you talked to your manager about this?  If the answer is no, re-direct. Managers and leaders, in every appropriate situation, needs to be the first know what is going on.

Conversely, HR is not there to do the leaders job for them. Will new leaders, or those who like to avoid conflict, not be sure about how to conduct or word a counseling session? Sure! That means HR coaches them ahead of the session.  HR should not, nor should they be expected to, have the hard conversation in place of the leader. That’s no way to win over or repair a fractured leader to employee relationship.

7.     YES, YOU CAN DITCH ANNUAL REVIEWS, IF….

Leaders are committed to regular and recurring one-to-one interactions with their employees, for which there is agreement on advancing growth and they are following a Development Plan, which morphs, changes and updates no less than once per year.

8.     NO MORE EXIT INTERVIEWS!

The absolute worst time to get an employee to express their opinion of “how did we do” is when they have one foot out the door. Instead, conduct surveys throughout the year. Make sure leaders are having regular coaching sessions and interactions with employees that contain an element of a “stay” interview.

9.     DON’T BE A BUZZKILL.  IT’S NOT GOOD TO BE CALLED “THE POLICE” OR THE TERMINATOR.

It’s not good to be called “the police” or the “terminator”, unless you are stuck in the 80s.

Put “love” in your work, as we heard from Robin Anslemi at DisruptHR in Orlando. This means be human.  Find a way to handle it and say it without being cruel, or overly harsh.  Get out from behind the desk and build relationships. Build trust.  It can be done on both sides; with leaders and the employees that want you to advocate for them when they think something is unfair or needs to be solved.

10. FINALLY, DON’T BE SO QUICK TO SAY NO.

Try this: “I can understand why you would think that way or want that, but how about this instead? And let me tell you why.” If you don’t have another option to consider on the spot, and when appropriate, simply ask for a chance to consider the request and then come up with options.

If HR wants to change the perception of how and where they add value, then its time to embrace simple and human. HR that is visible, realistic (business savvy), relatable and credible has the best chance at being viewed as high value and affecting positive outcomes.

Click the link to view the recent blog: Competition and the Candidate Crisis: Overcoming Recruitment Challenges or check back for more on human resources, payroll, insurance and benefits.

This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.

Madeline has been a stellar employee from day one. She’s extremely productive, professional, and a joy to work with.  After her last – and only – promotion two years ago, she’s received competitive bonuses and consistent raises which has now placed her near the top of her pay scale.  You’re not sure what to do as she is at the top of her field, and no positions above her that she’s qualified for.  You’re afraid to lose her but not sure how to keep her motivated.  What options do you have?

“High Performers” – those employees who are at the top of their game – can be a blessing and a curse. While they can be depended on for consistent great performance, if someone suddenly leaves for greener, more exciting pastures, you can be left with a gaping hole in your team.

Even the most dedicated of employees may find themselves in a bit of a rut.  What started out as a challenging position can just become business-as-usual after a while. Continuing to find ways to keep their jobs interesting, their compensation competitive as well as looking for new kinds of challenges to keep their creative juices flowing may just help them stick around.

Okay, so we have compensation worked out… now what?

Pay isn’t the only thing that makes work rewarding for employees. For example, no employees, no matter how dependable and star-like, should be taken for granted. Employers may be tempted to let stop some interactions – like one-to-one meetings, praise and recognition, or development opportunities – thinking this will demonstrate to their employees the confidence they have in them.  This can be a mistake, though, as “no news” may not be good news for someone who thrives on feedback and collaboration, and he or she might start to feel neglected.

Here are some suggestions on ways to possibly keep those employees who continue to impress from falling through the cracks and give them something new to consider:

Regular Meet and Greets – A superstar employee needs feedback and regular face-to-face time as much as anyone else, and it is a great opportunity to conduct periodic “stay interviews.” Waiting for an exit interview to ask what you could have done to keep an employee is too little, too late. Review their position descriptions together periodically to see if anything has shifted in the last six months or if there is so much bureaucracy that even though performance hasn’t suffered, it is recently been a lot more difficult to get anything done. Find out what roadblocks you can clear and what gets them up in the morning.  You may never know unless you ask.

Flex it! – Today’s technology, which will only get better with each passing day, allows for all kinds of remote meetings and work activities. If a high performer broaches the subject of working from home a couple of days a week, don’t dismiss it out of hand if it typically just hasn’t been done in the past. Employees who are good with deadlines and follow-through, which HPs are, are ideal candidates to test drive a partially remote workforce.  Skipping the commute two days a week may give them just the flexibility they were craving that may have led them elsewhere if a recruiter came calling.

Tap into hidden talents and interests – Did you know that one of your employees speaks Spanish? Or that one has a penchant for photography? Or throws fantastic parties? And imagine your surprise to learn that still another is a fundraising dynamo outside of work. Getting to know the hobbies and passions of your employees can be a great way to allow them to shine in other ways at the office and get excited about the thought of applying their passions in a different type of role or project while still excelling at the one they were hired to do.

Change it up – Has the employee mentioned an interest in learning about a different aspect of the business? An accounting professional may appreciate the chance to tag along on a trade show to see how the marketing team works to bring in new business or rotate into a recently-formed team responsible for solving a unique project. Someone unexpected volunteers to head up – or introduce – a “bring your children to work” event, internship program or company newsletter? Let him or her!  New projects to tackle can create a whole new outlook on the work day.

Outside the box – Some companies shy away from sending their employees to job-related seminars and conferences, citing an expense on which they may see little return. These sorts of activities, though, can re-energize employees, allowing them to network with peers and keep up with new advancements and ideas that may well help them do their jobs even better.  To make such an event more meaningful, ask employees who attend to summarize what they have learned – and how it will help them make changes to their current work – in a short presentation to the management team.

And finally…

Mentoring opportunities – An employee with 25 years of experience who heads up a thriving department may welcome an opportunity to act as a guide or mentor to someone who is closer to the beginning of a career. Either through a formal program or just a lunch date every month, employees can pass on their expertise to someone who is ready and willing to learn. Is there a program that allows them to volunteer as a consultant in their field to a local school or organization? It’s a great way to let them lend their expertise outside of the office.

Yes, one of your superstars may still leave. Sometimes an opportunity arises they simply cannot pass up. It might be a job that moves them closer to extended family, a position in a company they’ve had their eye on for some time, or a place that gives them the opportunity to apply their skill set to a different industry all together. But remember that:

Employees who feel appreciated and rewarded for their hard work and who are ALSO offered interesting growth and work opportunities are employees who may find it much harder to move on.

Click the link to view the recent Seven Ways to Minimize Employee Termination Risks or check back for more on human resources, payroll, insurance and benefits.

If unnecessarily high unemployment tax costs are eating away at your profits — you may be mishandling it.

Many employers view unemployment taxes and related claims as an operational cost that cannot be controlled. This is where they are wrong. First, you must understand the basics behind where your unemployment tax dollars go.

Who is eligible for unemployment benefits?

The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined by state law), and meet other eligibility requirements of state laws.

It’s the No Fault of Their Own part that tends to trip up companies, resulting in a rising state unemployment tax rate. Why? Because the burden of proving No Fault of Their Own rests on the employer, and state agencies tend to have different definitions (often a moving target) of No Fault of Their Own.

Unemployment taxes paid to your state are traced back to your company. New businesses are typically given a new business rate, which will go up or down each year, depending on how many former employees are able to successfully claim benefits after leaving your company. If your company has a high claims rate, you are likely to see the SUTA rate increase, perhaps to a point where SUTA tax becomes excessively costly to the business.

Say you have 10 employees on payroll. You started out with a 2.7% SUTA rate. If your state maximum is the first $8,000 in wages per employee, that means you will pay about $2,160 in SUTA tax. After a few years, five of those employees have been terminated and have collected unemployment benefits. Now your rate is 6.5%. Which results in a tax of $5,200; a $3,040 increase. OUCH!

How can I keep my state unemployment tax costs down?

Eight Tips to Minimize Unemployment Claim Costs:

1. Hire people who are qualified and can do the job. This starts with clear job descriptions and effective candidate screening processes. Hiring someone who you hope will work out, who lacks the necessary skills out of the gate, and isn’t trained well, will only create a successful candidate for future unemployment claim collection.  The state agency will look past their inability to do the job and focus on your unsuccessful training and management to retain them.
2. Set clear expectations. Back to the job descriptions: Set clear expectations for the employee so they start with the possibility of succeeding. This is compounded by having employee handbooks and written policies in place that clearly define standards of conduct and what can constitute termination. Employees who knowingly violate policies are less like to win when you have their signed acknowledgement of receipt of the handbook and policies in hand, and you can show their own poor choices led to their termination.
3. Document, document, document.  Ensure you retain employee-signed, written counseling documents related to policy violations or escalating performance concerns with clear guidelines and expectations on how to improve. You want to be able to prove that the employee was provided with counseling and guidance, over a reasonable period of time, and simply chose not to improve. Why?  Because it helps to eliminate the validity of No Fault of Their Own. You should also document dates, times, and subject matter of job training provided to help an employee improve.
4. Resigned or constructively discharged? If you think you can beat the system by getting the employee to quit by making it too hard for them to stay, think again. Discriminatory practices under the laws that the Equal Employment Opportunity Commission enforces include forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay. Not only do you risk a lawsuit, the state agency may see through you and find for the employee despite the resignation. It’s one thing to hold an employee accountable and when they understand that they are failing, they choose to separate themselves from the situation. It’s a very different thing to strip an employee from feeling safe enough to stay. Keep your integrity and confront your performance issues head on. Don’t sit back and hope that passive aggressiveness or intimidation will solve your problems for you.
5. Minimize unemployment costs related to a lack of work. If you must let a good employee go because the workload can’t support the position, reach into your network to help them find another job quickly. Word of mouth can be a powerful asset in getting hired, and your referral may expedite finding a new job. If you have mass lay-offs, the assistance of a recruiter, or placement service might also help to place displaced workers. While the latter might be a cost at first, the long-term unemployment cost mitigation will be worth it. If you have seasonal workloads, find alternative services that complement your down time and keeps the workforce active. Example: If your window installation and cleaning services wane in the winter, use your cranes and workforce to hang and take down holiday lights for a few months. You can pay at different pay rates for the change in profit-margin, and the staff stability will help you minimize new-hire training each new season.   
6. Reasonable and timely action.  If you need to terminate an employee for poor performance, policy infractions, or misconduct, don’t stall! Assuming there is sufficient prior documentation and this was the last straw, or the behavior was so egregious that it is a terminable offense, terminate the employment on the day of, or close to, the final infraction. It’s okay to take a few days to get your documentation in place, produce a final paycheck, and consult with HR or other internal stakeholders, but if you terminate an employee for a policy violation on March 1^st and your documentation indicates the event took place or was assessed on February 1st, your own inefficiency and poor performance will ruin your credibility with state agencies.  They were so bad that you could wait 30 days to act? This does not look reasonable.
7. Respond to your state’s notice of an unemployment claim in full and on time.  Missing deadlines means you may lose by default. Failing to provide the back-up documentation related to your decision also works against you. Building documentation is to build your case against potential legal action. If you have it, use it to defend your decisions accordingly when it’s requested as part of a state unemployment agency case review.
8. NEVER be late to a scheduled hearing; in person or via phone. In some states you should be early for a call. If you are late you lose credibility.

There is no need for unnecessarily high unemployment tax costs to eat away at your profits. Simply put your organization in a position to keep the rates down through sound HR and business practices.

Click the link to view the recent INFINITI HR blog Employee Holiday Incentives For Any Budget or check back for more on human resources, payroll, insurance and benefits.

Getting the Most Motivation from Those Precious Payroll Dollars

When HR professionals peer inside the crystal ball, some see a time when the annual salary increase is no more. c. A 2% to 4% increase range may represent a significant investment of company resources, but it’s simply not enough to wow any individual employee. Additionally, over time the annual increase becomes expected rather than appreciated, an acknowledgement of tenure and not hard work. Money should be the ultimate motivator, but after a year on the job, a 3.0% increase can feel more deflating than motivational.

And the word is out. Simply put, any organization that doesn’t offer something more than base salary risks losing its motivational – and competitive – edge.

But what if money is tight and the addition of a bonus pay program is simply out of reach? Can these organizations still compete and motivate their employees? The answer is a resounding… yes!

The Keys to Motivation and the Small Employer Advantage

In 2013, Lindsay McGregor and Neel Doshi surveyed thousands of US-based employees for a study on motivation. Their results mirrored several earlier studies in showing that the factors which most influence employee motivation are 1) role design and 2) organizational identity.

Simply put, employees want to know what they must do to be successful, then they want the company to empower them to do it. They also want to feel pride in the mission of their employing organization.

This is great news for owners of small and medium-sized businesses, who lack the deep pockets of their larger competition and often feel at a disadvantage when it comes to financially motivating employees. These studies show the opposite can be true. Small business owners are in a unique position because they can shape an employee’s role and share the mission of their organizations in a personal and powerful way.

Connecting the Dots: Motivation Through Empowerment

The first step toward empowering employees can be as simple as a well-designed job description. But even the best-defined role can stagnate after a while, and there is nothing particularly motivating about feeling stuck.  Although the three-day seminar at the expensive hotel that your most promising employee just requested may be financially out of reach, there are other ways to help her obtain those training and development goals:

• Webinars or on-site group trainings on requested topics;
• Formal or informal mentorship programs such as one-on-one monthly lunches with a senior management member of her choice or including the CEO in department meetings to provide the “view from the top” from which many employees feel disconnected;
• Sponsorship or cost-sharing of industry certifications and test-preparation programs.

There are endless possibilities, but the only ones that matter are those that matter to your employee. So, don’t forget to ask him/her!

Connecting the Dots:  Motivation Through Inspiration

Every business owner will eventually ask themselves about the type of company culture they want to create. Thanks to McGregor and Doshi, we know when it comes to employee motivation, there has never been a more important time to ask that question than right now.

What matters here is connecting that decision to the mission of the organization. If the company’s mission is to make the world’s best running shoes and encourage healthy lifestyles, an aligned company culture might provide an extra-long lunch break for employees who want to exercise and a place for them to shower before returning to their desk. If the mission is to be an exemplary world and social citizen, consider closing the office one day a month so employees can volunteer at a charitable organization of their choice. Put company muscle behind the mission, or that carefully crafted mission statement will fall flat and won’t inspire or motivate the people who matter most – your employees.

Non-Monetary Motivation

It may seem like an oxymoron, but evidence for the effectiveness of non-monetary rewards keeps building. And for many employees, non-monetary rewards are just as motivating as monetary ones. According to a report from Mercer, respect and work-life balance hold court at the top of the list. After all, cash may be king, but it won’t get you to your daughter’s softball game on time. Only a flexible work schedule can do that.

What else?

• Starting every staff meeting with time for employee acknowledgements and appreciation;
• Handwritten thank you notes for closing a big deal or diffusing a tricky customer situation;
• Sleep-in Mondays, where an employee can arrive to work late one Monday morning;
• Giving star performers first dibs on the most requested vacation days or the prime parking spot;
• The list goes on!

Just like the annual salary increase, a compensation program built around strictly monetary rewards is becoming a thing of the past. A total rewards program must be designed in a careful and thoughtful way to fulfill its goals of reflecting company culture, and inspiring and motivating employees. Once the right mix of compensation and non-monetary rewards are in place, employers may find it’s not only the key to motivating staff, but also to recruiting and retaining them.

How’s that for a bonus?

Click the link to view the recent INFINITI HR blog The Joy of Holidays and Employment or check back for more on human resources, payroll, insurance and benefits.

Once upon a time there was a Big Bad Wolf who was tired of huffing and puffing for the Three Little Pigs, so he quit his job and took a position with Little Red Riding Hood terrorizing the forest.

Well, as you can imagine, the Three Little Pigs were blindsided and furious.  After years of apprenticeship, marketing efforts, and successfully building The Big Bad Wolf’s image as a terrifying wind wrangler to the reading public, they felt betrayed and more importantly, irrelevant.  As a key figure in their story, the Big Bad Wolf’s departure could have a tremendously negative impact on their future book sales and online subscriptions if not replaced quickly.  What literature class would want to read about two failed architects and another with limited institutional design experience without a moral to learn? They would need to replace the Big Bad Wolf quickly to stay competitive, but wanted consideration for their losses.  They then pulled out a non-compete agreement that the Big Bad Wolf signed when he first accepted the position. It was all encompassing and very broad. Surely it covered all possible situations! So, they sued him for breach of contract.  Long story short (no pun intended)… they lost. But why?

While the Three Little Pigs had a legitimate interest in protecting their story business, they failed on a number of common factors that courts look at to determine if an agreement is reasonable:

1.      THE GEOGRAPHIC SCOPE WAS TOO LARGE.

While a non-compete agreement is established to protect an organization, it shouldn’t attempt to stop a person from making a living anywhere.  In some states, a geographic region of say 15- 20 miles might be considered a reasonable distance to ask that a former employee not open shop and directly compete for the same customers. The Big Bad Wolf was aware of this and when he left the Three Little Pigs back on their farm in England, he went instead to Italy, where Little Red Riding Hood had posted the vacancy left by her prior wolf, who had been in service for 600 years and was about to retire.  The Big Bad Wolf relocated by 1,250 miles.  The courts felt the Three Little Pigs could not be that restrictive on his career opportunities.  Now it might have been possible to state that all of Europe was off limits had the agreement only had a lifespan of, say, one month.  It’s also important to note that in the world of restrictive covenants across international borders, limitations in the US may not hold up elsewhere.

2.      THE LENGTH OF TIME THAT THE NON-COMPETE WAS TO BE ENFORCED WAS FOUND UNREASONABLE.

The Three Little Pigs had failed to establish a specific length of time to restrict the Big Bad Wolf. Asking the Big Bad Wolf to never work as a bad guy again in the story telling field wouldn’t hold up in most states that permit non-compete agreements.  How long is okay? The answer: it depends.  Typically, we see terms of up to two years depending on the scope of the other covenants in the agreement and the state in question.

3.      THE THREE LITTLE PIGS WERE TRYING TO STOP THE BIG BAD WOLF FROM DOING DIFFERENT WORK.

It’s not like the Big Bad Wolf took his huffing and puffing training and used that technique to ensnare Grandma or Little Red Riding Hood. Sure, he had an established bad guy image, but with the Three Little Pigs he generated wind and never got to eat. He was starving.  In his new gig, the Big Bad Wolf was filling a generic bad guy vacancy with a very publicly, pre-established technique of devouring storybook characters. He’s using a different skill set and did not carry trade secrets over from one story to another.

Side note: If they had been armed with a strategic recruiting and selection process, the Three Little Pigs could have quickly backfilled with another wolf who likes farm life.

4.      THE THREE LITTLE PIGS DID NOT OFFER ADDITIONAL COMPENSATION OR BENEFITS IN RETURN FOR THE BIG BAD WOLF’S AGREEMENT TO SIGN THE NON-COMPETE.

Lazy and cheap business characters that they were, the first two Little Pigs never bothered to include discussion of any compensation terms to the Big Bad Wolf in his agreement not to compete, and the third Little Pig was too busy laying bricks to notice.  So, they failed on this factor as well.

THE MORAL OF THIS STORY IS…

Not all states permit non-competes, and those that do may have very specific statutes to address restrictive covenants.

If you have employees across state lines, nuances in non-compete agreements such as declaring which state’s laws under which you will primarily operate are important to consider, while also understanding that your agreements might still falter in the courts from state to state.

Other factors might impact enforceability, such as:

• The employer owes the employee money
• The employee was wrongfully terminated
• The agreement was signed under duress

Quite often, employers over-reach and use non-competes to restrict employment in an attempt to shield their customer lists from departing employees, when a simple Non-Solicitation agreement will do.  Non-Solicitation agreements limit an employee’s ability to solicit your active and recent customers and prevents them from actively soliciting your employees for a specific period of time, without impacting a person’s overall ability to work in the industry.

When trying to determine if you need a non-compete, a non-solicitation, confidentiality, or non-recruit agreement, it’s best to seek legal counsel or obtain otherwise properly vetted documents from a reliable source for the situation in question. Every non-compete agreement situation is different and will be viewed case-by-case by the courts if it gets litigious.

If this teaches anything, it is that you should approach employment agreements and contracts with caution and with the support of knowledgeable professionals in HR and labor law to help keep your company’s story in proper order.

The End.

Click the link to view the recent INFINITI HR blog 2018 Update: Unpaid Intern or Employee or check back for more on human resources, payroll, insurance and benefits.