Terminating an employee is rarely, if ever, a comfortable process. Personal feelings - not to mention the concerns relative to potential legal ramifications of a termination -  often cause employers to retain an employee who should otherwise be terminated. The following guidelines include several of the most important practical tips to assist employers in the termination process and to help ensure that the employer is protected.

With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season.

Can companies monitor and read personal emails?  While this is no longer a novel question, companies continue to struggle with finding ways to protect their ability to access and monitor employees’ email activity.  A review of recent cases reminds us that while the answer is usually situational, the result almost always hinges on the strength and specificity of the company’s computer and email use policy.

It is hard to imagine a business or organization that has not had to deal with some sort of crisis that impacts, or has the potential to impact, its reputation.  Social media, and the speed by which it can be used to spread information, has enormous potential to accelerate a reputational crisis.  Conversely, social media can be one of your most valuable tools when it comes to crisis management.  Your ability to manage a crisis may, however, be directly impacted by how prepared you are to utilize social media in a focused and comprehensive way when a crisis occurs.

As more and more employees are tasked with -- or even hired for the express purpose of -- tweeting on behalf of their employer, it is important to think about ownership of the twitter account from which they tweet.  A twitter account can be an important asset to a business or organization because the account (and the owner thereof) amasses followers who can become customers, fans and/or contributors.  Those followers can also share the marketing and informative content your company or organization chooses to share with others by re-tweeting, liking or quoting your tweets, or by old-fashioned word-of-mouth.  If they suddenly disappear, it may take significant time and effort to amass those followers again, and some you may never get back.

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price?

Do you need to have a supervisor present when associates are working after hours or on the weekends? There is no law that requires that all work be supervised. So, it is perfectly legal and acceptable to have employee’s work after hours or on the weekends on company premises.  However, doing so raises some legal concerns.

Terminating an employee can be one of the most difficult tasks for a business owner or human resource manager. It is however the responsibility of both positions and a necessary part of doing business. Termination is difficult under most circumstances because of the personal information an employer may know about an employee. After an employee becomes part of the workforce supervisors often discover personal information, such as an employee’s financial hardships or family difficulties, which makes difficult decisions uncomfortable.

In a perfect world, all employees would report to work on time and in a regular manner, perform their responsibilities with competence and be a productive team player. In reciprocation, each employer has an obligation to pay the employee an agreed up on amount for the work performed, treat every employee fairly and provide a safe work environment. Of course, we do not live in a perfect world and inevitably every employer will be faced with employee misconduct. The challenge is handling misconduct appropriately, to avoid financial and legal repercussions in the form of unemployment claims, discrimination or wrongful termination suits.

For many employers, the summer season brings with it an increase in employee vacations. With that in mind, now may be a good time to re-visit vacation pay policies as they pertain to employee separation. In particular, how does your company handle accrued, but unused, vacation pay at the time of separation?