Contracts of employment

[Susie]

Hi

Does anyone know if there are any publications in the USA regarding employment laws, helath and safety , rules and regulations etc.,
To cover sickness, holidays, probationary periods, verbal warnings etc.,?

[Tina]

Hi Susie,
Sorry I can't answer your question specifically about any publications, but..........at the risk of sounding cynical, I would say even if they exist, they are probably not worth the paper they are written on. In my (albeit very limited) experience so far in the US workplace, employees' rights are few and far between. I am astounded at the lack of health and safety protection for employees, and I've also learned that it's OK for the employer to deviate from the contract of employment, but no so for the employee. Oh I could go on & on about this, it's a particular issue I'm having a hard time with at the moment.
Tina

[Ron]

office max may have a standard contract

[Kriz1]

http://www.smartagreements.com/bltopics/Bltopi57.html

This is worth a read...more so if you are coming here with a job offer....

[Susie]

Thanks Kris

Very helpful

[pegasus]

Susie,
Just be carefull out there,
Despite what you may have heard the employment legislation is a minefield for both parties, from the origonal ad for the job to years after the person has left. What you say and write and when it is said or written is very very important. The only good news is that as a small company. less than 20 employees you get quite a few exemptions. The question really is which side are you on (employer / employee), and what is it you are you trying to achieve?
B rgds

Neil

[Sharon]

Never really thought about employment law here. Thought out here you can hire and fire who and when you want

In the Uk you have to give verbal warning, written warning, before you can sack someone

[Susie]

Susie,
Just be carefull out there,
Despite what you may have heard the employment legislation is a minefield for both parties, from the origonal ad for the job to years after the person has left. What you say and write and when it is said or written is very very important. The only good news is that as a small company. less than 20 employees you get quite a few exemptions. The question really is which side are you on (employer / employee), and what is it you are you trying to achieve?
B rgds

Neil


Hi Neil

Thanks for the info,

I do understand employment law in the UK but have nothing in wrting about American employment Law

Do we have to pay sick pay?, what legal requirement do employees have with regards to the number of weeks holiday a year ?

Just thinking of expansion palns and maybe need to take someone on.
So can you purchase a standard " contract of employment " from office max?

Is there a gov web site to view?

General info really, if anyone can assist

[ChrisG]

Don't have full details with me in the UK at the moment BUT I do know that if you fire someone at will then it can have an effect on the percentage of unemployment tax you pay, unless you can back up why they were fired - typically verbal and written warnings and also ideally what you did to try and correct the situation, retraining etc.
I believe also that there is no requrement to pay Holiday Pay or sick pay, however you may need to pay workers comp dependng upon the business and size.
Cost as an employer is around:
7.65% for Employer Social Security and Medicare Match
.80% for Employer Federal Unemployment tax
2.70% for Employer State Unemployment tax.
Both State and Fed Unemployment taxes cut off when the employee reaches 7,000.00 in payroll wages.

I will email my payroll company who are brilliant to check on some legalities and contract advice for you.

[Kitty]

I read somewhere, not sure if it was on expatsvoice or somewhere else that a school teacher was not given a contract of employment

Her pay was supposed to pay bonus and she did not get it and as nothing was in writing did not stand a chance of getting it either

[ChrisG]

My Payroll company have advised me that:-
As an employer you must have the employee complete a W-4 and an I-9.(Which I am sure you all knew)
AND
There are not any contracts, holiday rights, legal forms for employment required in the state of Florida.
So it is down to YOU but remember to cover your own A*$se as much as possible, paperwork may not stand for anything in court (worst case scenario) BUT it can do no harm. Don't forget from above - dismissal can alter your % rate of tax.

[pegasus]

Contracts of employment are not required by law in many states, yes each state can make its own rules.................. However ...............
IF you provide a contract of employment and it is signed by both parties it IS enforceable, as it is considered a binding agreement between two parties, you are required to adhere to it.
Additionally, if you provide a contract of employment to some employees, you must provide one to all similar (W2 or 1099) or run the risk of a discrimination suit, (especially with PR's from our personal experience.)
This is the reason why in states where you don't need a contract, small companies do not give them, large companies do, as they consider themselves a more lucrative target for the attorneys.
Saying that. we do give contracts to 1099's as we have no fear of not adhering to what we have had written (by an employment attorney), and this has already saved us some headache (on a number of occasions) with certain groups, as may be implied above.

B rgds

Neil

as said before, "just be carefully out there"

[victoria]

Most important provisions to include if you're an employer are the following:

Your employment will be “at-will”, which means that it is terminable by either party, at any time, for any reason, with or without cause.

This letter shall not be construed as a guarantee of any benefits or a contract for employment for any definite period of time.

This agreement supersedes all prior agreements, oral or written, between the parties regarding the subject matter hereof.

I'm sure you know that usually people get a minimum of 10days vacation & 3-5 sick but totally optional & should be agreed in writing up front to avoid any misunderstandings.