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Employee Relations

OK to base discipline on severity of violation

04/15/2011
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.

You can justify differing discipline for similar conduct

04/15/2011

Some employers believe that if several employees break the same rule, they must be punished exactly the same. That’s true—to a point. You can discipline one employee more harshly than another if you can show why you believe their conduct wasn’t so similar after all.

Employee complained about discrimination? That doesn’t excuse shoddy or dangerous work

04/15/2011

Employees who file EEOC or other complaints about discrimination are protected from retaliation for doing so. But that doesn’t mean employers aren’t allowed to discipline employees who have complained—if the situation legitimately calls for discipline. You must, however, be very careful to document the underlying reasons.

Accommodate disabled workers, but don’t accept mediocre job performance

04/15/2011

Yes, employers must reasonably accom­modate employees with disabilities. But that doesn’t mean they have to provide a perfect workplace—or tolerate subpar performance. Instead, make the accommodations that are reasonable. If the employee still can’t perform her job’s essential functions, you can terminate her.

Staff become owners with open-book management

04/15/2011

The 28 employees of Anthony Wilder Design/Build, a remodeling firm in Cabin John, Md., act like they own the place. They don’t. But owners Anthony and Liz Wilder have given them full access to the company’s financial records. Result: Employees have an intimate understanding of the ultra-­competitive remodeling industry.

He said/she said: Gauging credibility in harassment cases

04/08/2011
Most employers understand the importance of doing a fair and thorough in-house investigation when they receive complaints of on-the-job harassment. But many investigators falsely believe they can’t conclude that harassment occurred unless they have independent witnesses to the allegations. So what should you do when confronted with conflicting stories?

Celebrating small wins helps firm with retention

04/08/2011

It doesn’t hurt that accounting firm Grant Thornton offers flexible work schedules, commuter spending accounts, dependent care and an employee assistance program. But execs there attribute the organization’s culture of long-term retention to what they consider a family-like environment at their branch offices.

Address domestic violence with benefits

04/06/2011

It might feel uncomfortable to try to help an employee who might be a victim of domestic violence. But you could be saving lives if you encourage supervisors and co-workers to do so. A proactive decision to provide support to domestic-violence victims not only protects them—it also protects companies’ bottom lines.

NLRB ruling revisited: Can employees really trash you on Facebook?

04/05/2011
Don’t read too much into the NLRB’s recent “Facebook rant” ruling. Despite much employer hand-wringing, the decision didn’t give employees a free pass on social media posts. They still don’t have license to defame, disparage or otherwise trash their company, management, product or co-workers. Here’s why.

Document all disciplinary actions, including why and when you decided to act

03/31/2011

Some employees facing discipline believe that if they file a discrimination complaint, they can escape trouble. If disciplined, they’ll cry “retaliation!” Smart employers counter this subtle form of blackmail by clearly documenting and time-stamping all decisions and the process that led up to those decisions.