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Discipline / Investigations

HR sleuth: How to conduct a workplace investigation

01/15/2014
Whether it is a small inquiry that might only involve a couple of questions, or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

1 comment won’t make hostile environment

01/15/2014
Here’s some good news for HR managers handling sexual har­­assment complaints. As long as you act fast, investigate and use your best efforts to prevent a repeat performance, one sexually explicit comment isn’t grounds for a lawsuit.

ADA: Drug and Alcohol Addiction

01/10/2014

HR Law 101: The ADA requires employers to walk a fine line between enforcing reasonable workplace safety and behavioral rules and making accommodations for those who are addicted to drugs or alcohol. The law doesn’t protect current users of illegal (i.e., “street”) drugs, but it does protect alcoholics and those who’ve shaken their drug addiction sufficiently to no longer be classified as active illegal users …

Immediately investigate sex harassment claim

01/07/2014
When an employee tells a supervisor that she’s being sexually harassed, that’s a signal that action is required. Her complaint should immediately set into motion an in­­ves­­ti­­ga­­tion. Make sure your supervisors have strict instructions to contact HR right away.

Possible porn: Can we search computers?

01/03/2014
Q. An employee recently complained about re­ceiving inappropriate email messages and links to porno­graphic websites from some of her co-workers. We would like to review the messages to figure out exactly how large a problem we face. Can we do this?

Keep tabs on employees socializing at work

01/03/2014
Sometimes, employees’ social interactions cross the line from productive to disruptive. Before you punish friendly co-workers, consider quantifying their behavior. That makes it easier to defend against charges that you singled out some chatty co-workers for harsher treatment than others based on their protected status.

Parrot Cellular pays $4.2M to stop EBSA squawking

01/03/2014
Executives of Parrot Cellular, a Cen­­tral Valley and Bay Area cellphone retailer, have agreed to pay just under $4.2 million to the company’s em­­ployee stock ownership plan (ESOP) following a probe by the U.S. Depart­­ment of Labor’s Employee Benefits Security Administration (EBSA). Investigators found that company owners had the plan buy company stock at highly overvalued rates.

EBSA sours on Sunkist’s retirement fund accounting

01/03/2014
A U.S. Department of Labor Em­­ployee Benefit Security Admin­­is­­tra­­tion (EBSA) investigation has revealed that Sunkist Growers and its fiduciaries improperly used retirement plan funds to pay salaries and benefits for several employees and managers.

Deflecting Cupid’s arrow in an environment shaped by #MeToo

01/01/2014
With Valentine’s Day on the way, now is an excellent time to reexamine sexual harassment policies.

Use formal hiring and promotion process to protect against discrimination suits

12/18/2013
Job-seekers who know how to apply for open positions can’t claim discrimination unless they can also show they followed the process. At the same time, a standard process lets employers track applications and easily show a judge why someone didn’t get the job she sought.