Human Resources
Mar 29, 2022

Most Frequently Asked Human Resource Questions

Sponsored Content provided by Insights On - ,


As an employer’s association, one of Catapult’s most used Member services is our HR Advice Line. While most calls are unique and require special attention from our experts, often the same or similar situations are experienced by numerous organizations. Here are a few frequently asked questions from Member companies to keep on-hand. 

Q: WHAT IS “EMPLOYMENT AT-WILL”? 

A: Without a contract of employment, employers have the right to terminate an employee for any reason in accordance with all local, state and federal laws. Likewise, employees have the right to resign at any time, for any reason. To protect against implied contracts that could negate at-will, employers should have well-worded policies. Eliminate references to permanent or steady employees and “just cause” terminations. Because of all the varying employment laws and regulations, employment at-will should never be a basis for termination! 

Q: MUST I PAY OUT PTO WHEN AN EMPLOYEE LEAVES? 

A: In NC and SC, you must pay out accrued, but unused, paid time off when an employee leaves your company, regardless of the reason, unless you have a clearly communicated written forfeiture policy. Nothing in the policy can be left up for interpretation. Here’s some suggested language: Any accrued, but unused, paid time off will be paid to you upon resignation of employment, provided you offer to work a two-week notice, as outlined in our Resignation Policy. Failure to provide a notice will result in the forfeiture of accrued, unused paid time off. This paid time off payout will be less any money owed the company, as authorized by law. If you involuntarily separate from the company for any reason, other than a reduction in force, you will not be paid your accrued, unused paid time off. 

Q: IS MY COMPANY’S LIABILITY FOR HARASSMENT IN THE WORKPLACE LIM- ITED TO SITUATIONS THAT OCCUR AT WORK? 

A: No. The company is obligated to treat harassment situations involving one or more employees with the same level of responsibility regardless of where it occurred. This is also true regardless of who else is involved, including people who don’t work for you. 

Q: IS THERE A FEDERAL OR NC/SC LAW THAT REQUIRES EMPLOYERS TO PROVIDE A BREAK OR MEAL PERIOD TO EMPLOY- EES? 

A: No, but we recommend one to be considered an employer of choice and to better retain your talent. Plus, depending on the nature of a person’s job, you’ll want to consider the OSHA general duty clause for safety practices. If you provide breaks, the Fair Labor Standards Act provides pay guidelines. 

The past year has resulted in many significant changes to employment law. Ensure you’re ahead of the curve and join us for the 2022 Employment and Labor Law Update! During the May 19 and 20 event, attorneys will deep-dive into the latest need-to-know topics, including what current legal land mines to avoid and compliance best practices. Year round, Catapult Members also have access to employment law attorneys who advise you in making sound business decisions. As a Catapult Member, a wealth of knowledge is just a phone call away!
 

Other Posts from Insights On

Ico insights

INSIGHTS

SPONSORS' CONTENT
Screenshot2022 01 06at338 162234623

Genesis Bridge: Automating Connections to Contracts

Girard Newkirk - Genesis Block
Junegunter teachinghorse headshot 5721115557

What Is Next?

June Gunter - TeachingHorse
Drewsmith copiersplus headshot

A Little More Communication, A Lot More Cohesion

Drew Smith - Copiers Plus

Trending News

Galleria Property On Wrightsville Ave. Sold For $37.5M

Cece Nunn - Aug 10, 2022

Leland Town Center Lands New Tenant; Lowe’s Begins Construction

Johanna F. Still - Aug 10, 2022

Pipeline Poke Headed To Autumn Hall

Elizabeth White - Aug 10, 2022

Rachael Ray, Emeril Lagasse To Appear At GLOW Event

Justin Williams Pope - Aug 10, 2022

New Biz Creations In Cape Fear Region Continue Strong Trend

Johanna F. Still - Aug 9, 2022

In The Current Issue

Beach Equipment Rentals Sizzle

For some beachgoers, their perfect day is lazing on the shore, soaking up rays. For others, it’s water sports or maybe biking alongside the...


Film Focus: Printing The Scene

Port City Signs & Graphics "does everything for their set in the way of decals, magnets, backdrop items, canvas art, vehicle graphics and se...


Borrowers Seek Adjustable-rate Perks

During recent years when interest rates were at rock-bottom levels, borrowers have kept adjustable-rate mortgages at arm’s length. But now,...

Book On Business

The 2022 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

Trying to Grow a Business?
2020 Health Care Heroes
2020 WilmingtonBiz 100