A: Unless there is an employment contract or collective-bargaining agreement that suggests otherwise, employers do have the ability to set an employee’s work hours and job duties based on business needs. In the situation you described, you have a poor performer whom you want to transfer to another position, enhance the job, and bring in another employee to do the work. We assume that you have been addressing the current incumbent’s poor performance issues and the job that you are moving the employee into will be more in line with his or her skills and hopefully provide an opportunity for the employee to be more successful on the job. If you have not addressed your performance concerns, now is the time to do so. Explain why the change is necessary and use the opportunity to discuss the employee’s career goals and development needs. It is critical that the employee receive feedback regarding performance and behavior, as this may continue into either role and should be addressed to correct the concerns or take progressive discipline as appropriate. Have these conversations before you announce the new employee transferring into the expanded position.

The employee may have questions regarding why you are taking a part-time position and turning it into a full-time one and may suggest that he or she could be successful in the job if allowed the additional time each day to complete the duties. Be prepared to address that and provide the employee with a copy of the expanded job duties and explain why he or she is not the right fit for that job. Having a direct and respectful conversation, with specific feedback and action plans to move forward, can go a long way to making the change successful.

Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.

Follow these 6 simple methods to ensure a successful employee transition:
 

1. Educate everyone prior to the new hire’s start date—Encourage your new employee to learn more about the nonprofit’s history and mission objectives, either through research or conversation. In addition, notify current staff of the new employee’s background and role responsibilities so everyone is prepared for the transition.
2. Create and communicate realistic goals—Develop both short and long-term goals for your new hire. Be as clear as possible when outlining job priorities, and check in consistently to give constructive feedback on their work.
3. Assign a senior mentor—Having a senior employee, who is well versed in your nonprofit’s procedures and history, will provide your new hire with a valued resource that can further build their sense of belonging. This additional outlet will also free up some of the time you would be spending on your new employee’s training.
4. Encourage innovative thinking and listen to new ideas—Explaining correlated challenges and strategic goals to your new hire could help inspire new solutions. A new employee’s fresh perspective can help break the cycle of seemingly unavoidable problems.
5. Help them feel like they’re part of the team—Construct interactive opportunities in team meetings and planning sessions. It’s also important to have team building opportunities, enabling your staff to develop strong professional and personal relationships with one another.
6. Celebrate early wins—No matter how small the accomplishment, celebrate early wins as a form of encouragement for the new employee’s hard work. But don’t forget to celebrate the team’s work as a whole to continue the positive momentum.

Taking the time to efficiently train your new employees on your nonprofit’s culture, strategic goals, and personal role expectations will not only help new hires adjust, but also strengthen your organization as a whole.

Learn more tips about how to manage new employees here.

A: Yes. You may wish to inquire as to what types of compensation information they need so that you are providing the detail and data that is relevant for their review and discussion. You will want to ensure the privacy of your employees’ personal information, such as concealing Social Security numbers, garnishments, etc.

Executives typically need relevant summary compensation information for decision-making with revenue and cost considerations. Reviewing the actual intent of how the data will be used may enable you to provide a summary report without revealing data that could potentially be perceived as inappropriate to reveal.

Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.

Answer: More than likely the frequent use of a restroom may be a serious health condition; however, one would look to the Americans with Disabilities Act (ADA) prior to counting this time against the Family and Medical Leave Act (FMLA) entitlement.

In general, when counting bathroom time against an employee’s FMLA entitlement, only do so if the frequency and duration extends beyond the employee’s normal lunch and break periods.
 

Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.

A: This answer is based upon the fact that there is no specific employment contract in place that outlines specific reasons for termination of employment and that the employer has an employment-at-will policy in place that provides for termination at will based upon the employer’s discretion.

From the detailed description of the situation, this employer does have an internal disciplinary procedure in place that specifies termination of employment for performance. This error was made years ago and could have been detected if the employee had been conducting annual audits of the file, which was not done, compounding the error.

Although employers can terminate employment “at will”, there should always be a legitimate business reason for the termination that is well documented, nondiscriminatory and carefully considered in order to reduce the employer risk of liability from wrongful termination suits.

The employer should consider the following prior to making the final decision:
 

• Is this employee in a protected class (race, gender, age, disability) where s/he might believe that s/he is being targeted because of that class?
• Was the process for auditing and correcting the errors documented and was this employee trained to conduct the audit?
• Is this a one-off issue with the employee or have there been other instances of performance concerns? If so, have those concerns been brought to the employee’s attention and was s/he given the opportunity to correct the performance deficiencies?
• Is there anything that the employee’s manager or senior management missed that could have prevented this situation?
• Has this situation ever happened before with another employee? If so, how was it handled?
• If an audit of other customer files took place today, could there be this same type of error made by other employees (pointing to an overall training or supervision issue)?

If the employer believes that the situation warrants termination of employment because it is well-documented, the employee has been properly trained, the supervision was adequate, and that this is a unique situation, then a termination is allowed, but we recommend confirming the decision with legal counsel prior to the termination.

Question and Answer provided by ThinkHR. Learn more about how your nonprofit can gain access to their expert HR staff here.

But slow down just a minute. Are you sure your organization is ready to hire more employees?

Although only your organization can determine if you’re actually ready to hire new employees, Inc. recommends answering the following questions about your organization, where you want it to go, and what is happening now.

What kind of organizational structure do you want?

Do you want your organization to grow extensively? Are you pretty happy with the size it is now, but unable to meet the demands of your mission with your current staff, or are you hoping to grow organically whenever the need arises?

Will you be able to slow down growth if you need to?

Not all organizations have significant control over how much growth they will experience in any given time. For instance, if your organization helps provide disaster relief to a specific area and the area suddenly experiences a large-scale disaster, your response must be immediate and decisive. Or, if your organization helps animals and takes part in a multi-county animal seizure, you must be able to provide shelter and care for all of the animals involved for the foreseeable future.

But if your organization works to help a select group of impoverished students succeed, it’s reasonable to expect that there will not be an unmanageable influx of students to your program in any given year.

Do you really need help?

Do any of your employees have extra time throughout their week or month that can be used to address some of the needs that you’d like to hire new employees for? If so, can these employees be trained to perform some of the needed tasks?

While it might not fully address your needs, it would cut down on organizational waste and potentially allow for a part-time position to be created in lieu of the more expensive full-time position.

Are you fully prepared to recruit, hire, and train more employees?

Our ThinkHR resources and your UST Customer Service Representative can help you ensure your organization is best positioned to do all three without exposing you to excess liability in the future.

Not yet a member? Learn more about the UST program here.

For a limited time, you can download the whitepaper for free and find out:
 

1. Which myths might be hurting your organization
2. How you can proactively reduce HR costs
3. Whether you are overpaying for unemployment claims

Learn the secrets of other nonprofit executives and HR staff who have reduced their human resource and unemployment claims costs. Download your complimentary copy of 5 Myths That Are Increasing Your Nonprofit’s HR Costs today.

By providing exclusive access to such cost saving resources, UST aims to educate 501(c)(3) organizations on the latest HR best practices and compliance laws—living up to its mission of “Saving money for nonprofits in order to advance their missions.”

Fill out a complimentary Savings Evaluation to find out if you can save with UST.