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

Employee Relations

Justify discipline by documenting the reasons at the time you decided to act

06/22/2018
Courts hate to second-guess employers’ disciplinary decisions. If you are sued for discrimination, give judges every reason to believe that your organization isn’t biased. The best way is to detail the surrounding circumstances that gave rise to discipline.

Entrepreneurial spirit: How managers can inspire their youngest employees to think like leaders

06/22/2018
Here are some simple ways you can inspire employees to embrace their roles and think more like leaders regardless of their level of experience or responsibilities.

Key to progressive discipline: Implement steps consistently, keep solid documentation

06/19/2018
If you have a progressive disciplinary policy that gives employees a chance to improve when they make mistakes, make sure you use it consistently. It will pay off if you follow your policy, fire an employee and the employee later decides to sue.

How to prep for flood of #MeToo complaints

06/14/2018
In a recent NPR radio interview, Society for Human Resource Management CEO Johnny Taylor reported that #MeToo has created an “HR level of activity like nothing we’ve ever seen.”

Greater experience is a legitimate reason to punish one employee more harshly than another

06/06/2018
Employees who have worked for their employer for a long time can be expected to know the rules and abide by them, while a new employee may not be as aware. That’s a legitimate reason to punish one employee more harshly than another. Just be sure you document the reason for differing punishments.

Explain different discipline for same offense

06/06/2018
If an employee can show that a worker who received more favorable treatment didn’t belong to the same protected classification, he has a potentially viable lawsuit. This is where details matter.

In #MeToo era, accused harassers may seek injunctions to stop internal investigations

06/05/2018
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do irreparable harm to their reputations. And they’re not just threatening to file lawsuits.

Don’t let dumb comments derail discipline

05/31/2018
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.

How to shift from managing performance to developing it

05/25/2018
In the current workforce—where talent is in shorter supply, and the nature of work has undergone significant changes—organizations must focus on developing people, rather than rating them. This requires a shift to performance development.

Patience and good records beat frivolous lawsuits

05/22/2018
Some poor performers don’t view their prob­­lems the same way supervisors do. They often fight back with frivolous lawsuits. Be prepared for those legal salvos by constantly maintaining documentation of employee performance.