05/17/2013
You have no doubt heard that employees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.
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05/16/2013
Of course you have an anti-discrimination and anti-harassment policy. You make sure employees know about it. You even make it easy for employees to use the policy. But all that can be for naught if you’re unable to track those complaints.
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05/10/2013
Employees who have to work in a hostile work environment may have a hard time doing their jobs well. When resulting poor performance leads management to fire someone, expect trouble. Your best bet is to address any hint at a hostile work environment right away.
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05/09/2013
Sometimes, it’s pretty obvious you need to terminate an employee. That doesn’t mean you don’t have to investigate and document your decision.
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05/08/2013
Q. We have an employee that has been a constant source of drama and complaints within her department. When her manager sat down with her recently to discuss a confrontation she had with another co-worker, she “casually” mentioned that she has been trying to get pregnant, and “wonders if the stress of the job” could be the reason she has been unable to conceive. What are we supposed to do now?
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05/07/2013
Sometimes, two employees who break the same rule don’t deserve exactly the same punishment. But employers must make sure they can explain the difference.
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04/30/2013
A cardinal HR rule: Everyone who breaks the same rule should receive the same punishment. That doesn’t mean a frequent rule-breaker can’t be punished more harshly.
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04/01/2013
You never know which fired employee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.
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03/01/2013
Q. An employee lodged a complaint about a supervisor’s misconduct. I know we’ll need to perform an investigation, but I’m not sure where to start. What’s the best way to proceed?
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02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all employees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option ...
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02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.
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02/18/2013
It’s reasonable to expect employees to obey your work rules. But employees can also reasonably expect you to apply those rules fairly. If you don’t, you risk a lawsuit. That’s why it is crucial to be specific when documenting discipline.
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02/18/2013
You can’t fire everyone who makes a stupid comment—or even two. But you also can’t ignore insensitive or offensive speech, just hoping for the best. The best approach is direct: Pull the employee aside and explain that neither you nor the company tolerate racist, sexist, ageist or other offensive comments ...
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02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.
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02/03/2013
HR Law 101: Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. Courts are increasingly taking a dim view of employers that don't take decisive action to prevent sexual harassment ...
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