August
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HR InTouchThe Monthly Newsletter of the Greater Madison Area SHRM |
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In This EditionPresident's Message COVID-19 Resources Information for Madison Area HR Professionals Government Affairs & Legal Updates Rehiring Injured Employees: Consider Offering Reemployment in Different Positions Professional Development August 17, 2021 PDS: Start With the Vision: Six Steps to Effectively Plan, Create Solutions, and Take Action Permission to Stop Working Compensation & Benefits Compensation Survey Now Collecting Data! Participate Now for Big Purchase Discount! Workforce Readiness, Diversity & Inclusion Diversity Observances in August NEW - DEI Webpage and Resources! GMA SHRM Media Relations Introducing Our New Newsletter Coordinator! Join Us!
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Greetings, GMA SHRM Members! Click here to view the full GMA SHRM Board of Directors
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Brian P. Goodman |
![]() Sarah J. Horner ![]() Storm Larson |
Under Wisconsin’s worker’s compensation law, an employer may be liable to an employee who was injured in the course of employment if the employer “unreasonably refuses to rehire” the employee when suitable employment is available. If the employer is found liable, it may be required to pay the employee up to one year in lost wages during the period of refusal (in addition to other potential costs).
On June 2, 2021, in Anderson v. LIRC, the Wisconsin Court of Appeals affirmed a Labor and Industry Review Commission (LIRC) decision. The court concluded that if an employee is interested in reemployment in a position other than what the employee previously held, the employee must expressly state this interest to the employer. In the case, an employee sued his employer for unreasonable refusal to rehire him in a different position (car sales) than the one he held prior to his injury and termination (service and parts advisor). To make a claim for lost wages, the employee must show that they sustained an injury in the course of employment and that the employer had no reasonable cause to refuse to rehire them in the same position they previously held. Importantly, Anderson clarified that if the employee is claiming failure to rehire in a different position than the employee previously held, the employee must also show that they expressed to the employer an interest and willingness to accept a different position.
Although the burden is on the employee to show interest in a different position, in practice an employee might argue that they did show interest in different positions and that the employer still failed to offer them different positions. Additionally, the employer in this case might have avoided extensive litigation had it just decided to offer suitable employment, including different positions, to the employee. Employment is considered suitable if it is available and within the employee’s physical and mental limitations, which includes positions other than the one that the employee previously held. If an employee turns down an offer of suitable employment, this provides a strong defense to the employer from this type of claim.
When faced with these situations, employers are urged to reach out to legal counsel to determine the best course of action.
Local compensation data is hard to find and the GMA SHRM Compensation survey is a great resource!
GMA SHRM in collaboration with Gallagher Surveys and Arthur J. Gallagher & Co. are now collecting data for our 2021 GMA SHRM Salary Survey.
Participation has been streamlined and is now contained on one Excel questionnaire.
Visit our Compensation Survey webpage for more information and links to participate!
Workforce Readiness, Diversity & Inclusion
Submitted by Mary Vesely, Employee Engagement & Inclusion Manager at Fairway Independent Mortgage Corporation and GMA SHRM Director of Diversity
Why not have fun, celebrate our differences/similarities, learn about each other, and use these observances as themes to engage your team!
Submitted by Mary Vesely, Employee Engagement & Inclusion Manager at Fairway Independent Mortgage Corporation and GMA SHRM Director of Diversity
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Submitted by Sarah Hart, HR Manager at Infosec and GMA SHRM Director of Social Media
Meet Carolyn Kuzuhara, our new Newsletter Coordinator! Carolyn has been an active member of GMA SHRM volunteering on both the membership and PDS committees. Thank you, Carolyn, for taking on this important role!
Are you interested in meeting some great people and helping spread the word about GMA SHRM? Have ideas to make the newsletter even better? Please reach out to me at sarah.hart@infosecinstitute.com. I would love to connect with you!
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GMA SHRM News & Upcoming Events
Submitted by Ashley Kidd, HR Manager at Iconica and GMA SHRM Director, Recruitment and Retention
Are you getting the most of your GMA SHRM membership?Click here for dates and registration information!
Special thanks to our Roundtable Faciliators for keeping this valuable resource going!
GMA SHRM Member News
GMA SHRM welcomes the following members who joined our chapter in June 2021!
Tracy | Beil | Monona Catering | |
Julie | Kopp | Complete Mobile Dentistry, Inc. | |
Jesi | McLellan | PHR | Sielaff Corporation |
Wendy | Miller | Balisle Family Law Legal Counsel, S.C. | |
Brandi | Schaefer | Fairway Independent Mortgage Corporation | |
Kayla | Schaller-Greenwood | Universal Presentation Concepts | |
LaDonna | Steinert | SHRM-SCP, SPHR | UW Credit Union |
Have you recently earned a professional achievement award? If so, we want to hear about it.
If so, we want to hear about it. Send us an e-mail, and we’ll publish your good news in the next HR InTouch!
If you are a member who is in between jobs, or who is currently employed but seeking new positions or career paths, write us a brief description of your skill set, areas of expertise, what you’re looking for, etc. Send us an e-mail. We’ll publish your information in the next HR InTouch.
Article Writing:
Do you have an interest in writing for the HR InTouch? We have an interest in learning more about your area of expertise!
Why should you volunteer? Top three reasons: 1) to share your knowledge and experiences to educate others; 2) to become more connected in the HR and Dane County communities; and 3) to contribute towards the advancement of GMA SHRM and the HR profession.
The first step is for you to choose a submission option: you can pre-submit an article to GMA SHRM at any time for us to use in any of the upcoming newsletters, you can sign up to write for a particular month, or we can put you on a list of people to contact in future months whenever we need articles.
Article length:
Because the HR InTouch is now in an online format, the size is flexible. The article should be engaging and hold readers’ attention. Include the core information in your article, and we will advise if it is too lengthy.
Solicitation:
GMA SHRM is conscious not to allow solicitation through the articles, in an effort to protect the interests of our partners and members. The nature of the article should be educational (i.e., what are the business advantages of having a product like yours) or informational. Otherwise, if you truly are interested in advertising through the HR InTouch, you can work with our Marketing Committee. As a rule of thumb for article writing, if the submission relates to a for-profit event, or specifically markets your company (vs. your industry), it is an advertisement, and should be purchased. If it is a not-for-profit event that your company is hosting, or an announcement (i.e., a SHRM member recently joined your company), it is an acceptable addition to the HR InTouch content. If you have any questions related to the appropriateness of your submission, please contact us.
If you have questions, or to submit an article, contact GMA SHRM at chapteradmin@gmashrm.org .