• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discipline / Investigations

Free speech on trial: California cops have tough time pressing First Amendment claims

08/26/2009

Public employees retain the right to free speech under the First Amendment and can’t be punished for exercising that right. However, the right is limited when the “speech” they’re using is part of their jobs. The 9th Circuit Court of Appeals has recently concluded that for California police officers, free speech protection may be even more limited.

Confront bigotry—it won’t go away by itself

08/25/2009

It may be tempting to ignore rumors about racial or other hostility in the workplace. But you do so at the company’s peril—especially if some of that hostility is coming from a supervisor who has the power to hire and fire.

Duties, not title, determine harasser’s status

08/25/2009

Employees whose supervisors sexually harass them have a fairly easy time winning their cases. But courts are much more lenient when the alleged harasser is a co-worker. That means employers can relax a little if an employee complains about a co-worker. Fortunately, the alleged harasser’s title isn’t the deciding factor. Instead, courts look to the actual job responsibilities.

Marciano slapped with $370 million bill for defamation

08/25/2009

A Los Angeles Superior Court jury recently awarded $370 million in damages to five former employees who said they were defamed by Georges Marciano, co-founder of fashion company Guess, Inc., and an independent candidate in the 2010 California governor’s race.

Employee claims harassment but won’t identify alleged culprit: What would you do?

08/20/2009

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints or naming names. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

Disability isn’t a free pass to insubordination; enforce behavior rules with all employees

08/20/2009

Some employees with genuine disabilities may think they can use their physical or mental conditions as an excuse to break workplace behavior rules. They can’t. As long as those rules are clearly explained and enforced equally, you don’t have to listen to my-disability-made-me-do-it excuses. You can lower the boom.

Porn on shared computer? Investigate carefully

08/14/2009

Your computer-usage policy no doubt prohibits visiting pornographic and other inappropriate sites. But what if someone surfs forbidden sites using a computer that an entire group of employees has access to? That makes it difficult to positively identify the guilty user. Your IT department can provide technical assistance so you can base your investigation and conclusions on facts.

Keep cases from escalating: When hot-headed manager blows up, order cooling-off period

08/14/2009

Even the best bosses sometimes blow up. An employee slacks off or messes up, and the manager lashes out. Everyone knows such outbursts shouldn’t happen. That doesn’t mean they won’t. How you handle the aftermath may make the difference between a jury trial and a smooth return to workplace normalcy.

Pilferage problem: Can we require all our warehouse workers to take lie detector tests?

08/14/2009

Q. We’re finding that there’s been an upsurge of items missing from our warehouse inventory. Can we require our warehouse employees to submit to polygraph tests?

It cuts both ways: Be on guard for religious harassment that offends nonbelievers, too

08/13/2009

Employees are entitled to work in an environment free from religious harassment, and employers should treat such harassment just as seriously as they do any other kind of harassment. Do that by promptly investigating complaints and fixing any problems you discover. What you don’t want to do is ignore religious harassment.