| 10 Newest Forms |
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The objective of any sales compensation plan is to motivate the sales force to achieve specific targets (e.g., sales/revenue) that bolster the Company’s bottom line. Sales compensation differs from salary plans for other executives who are expected to “produce” in different ways in that the sales force directly impacts the company’s overall sales/revenue. Accordingly, a larger percentage of a sales person’s total cash compensation is typically put “at risk” as commission. This sample form and payment schedule creates a basic incentive plan based on the three most important variables: quota, assigned territory, and percentage of commission. Employers should be mindful in developing any sales commission plan that under state law in many jurisdictions, commissions – usually paid “in arrears” to allow for adjustments – are earned as services are rendered. For this reason, HR professionals should seek assistance from competent employment counsel with respect to sales commission agreements and plans. |
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This interview form allows the HR professional to assess exempt versus non-exempt status through a personal question and answer session with a particular employee. The form requires the interviewer to ascertain what percentage of time the employee spends performing particular duties (e.g., supervising others) and then proceeds through the issues relevant to each of the exempt categories. Prior to conducting interviews using this form, it is recommended that the HR professional have the subject employee complete the Position Analysis Information Form and review the applicable checklists governing each exemption contained in this chapter. |
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This form is designed for distribution to individual employees to obtain their view of duties and responsibilities associated with their position and to verify their educational background and prior work experience. This information can then be used in conjunction with the next form to conduct a fact-specific interview of each individual employee to determine exempt versus non-exempt status. |
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The Wage Hour/Equal Pay Audit Form allows the HR professional to conduct a comprehensive audit of overall wage-hour and Equal Pay Act compliance. Commencing with a review of job descriptions, exempt and non-exempt positions, the form proceeds to an analysis of applicable Company policies and their application to such issues as overtime and time-keeping. The form may be divided for distribution between more than one HR professional to speed the collection of information and to allow those with particular expertise to handle a specific subject.
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It is essential to accurately track overtime. The following form is designed to assist HR professionals in keeping track of overtime worked by requiring that overtime be approved in advance whenever it is practicable to do so. |
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Post-Termination Letter Demanding Return of Company Property The following form is designed for use when despite the employer’s best efforts, a departing employee remains in possession of valuable Company property, such as a laptop or cell phone. While threatening to contact law enforcement seems drastic, it does get results. The employer can always elect to “write off” the property if efforts to achieve its return are more trouble than the items are worth. |
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Letter of Resignation Employees who choose to leave their present employer in favor of what they perceive as a more favorable opportunity often either do not submit a written resignation, or need assistance in drafting such a letter. The following short sample provides all of the relevant facts and appropriate language. In some instances, an employee faced with involuntary termination will jump at the chance to be allowed to resign voluntarily, in order to preserve his ability to find another job. |
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Termination Information Letter, Alternate This letter provides a more extensive listing of employment-related benefits that are affected by an employee’s termination from employment, whether voluntary or involuntary. The employer must be careful to ensure that a comprehensive listing of all benefits and the employee’s rights with respect to such benefits is provided to any terminating employee. |
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Request for Educational Record Request to a university for the education records of an applicant. | |
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| Reference Check It is not easy these days to obtain useful, fact-intensive references for job applicants. Fear of litigation has led many employers to adopt a “name, rank and serial number” policy, known as the “neutral reference” (e.g., position held, dates of employment, salary). But there are some ways to elicit more helpful information.It is essential to lay the groundwork for a constructive reference check. All candidates should be asked to sign a reference check release form documenting their consent to have references contacted, performance reviews obtained, credit and criminal background checks performed, and waiving any claims against present, former or prospective employers based on the references given. The form should also advise candidates that failure to consent to such checks by signing the release disqualifies them from further consideration. A completed release form can be faxed to reluctant references to encourage a more candid report. |
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