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Employee Relations

12 trends to watch as 2010 economy rebounds

12/09/2009

The cost cutting and headcount reductions might not be over yet, but as the economy begins its slow recovery, HR pros are reporting fewer layoffs, a renewed focus on retention—and even a talk of pay raises! Still, the flush workplace of 2006 isn’t likely to rush back into vogue. Here are 12 lingering adjustments—all with comp and benefits implications—that could outlast the recession:

Is the U.S. workplace becoming more rude, raunchy?

12/08/2009

Boorish behavior and vulgar words are on the rise in U.S. workplaces. In fact, 38% of women say they’ve heard inappropriate sexual innuendoes and taunts in the workplace—up from 22% the year before. Such behavior can crush morale and increase turnover. Advice: Adopt a civility policy separate from your harassment policy.

Can worker ‘plead the Fifth’ in an HR investigation?

12/07/2009
Q. Two employees are refusing to participate in an internal workplace investigation. Can we discipline them for insubordination?

Fire at will: The last straw doesn’t have to be the same for all employees

12/04/2009

Some employees who break rules believe they’re immune from firing if someone else committed the same infraction and didn’t get fired. That’s simply not true. What may be a firing offense for one employee doesn’t have to be the last straw for every other employee. The key is to document—at the time—why you made the decision so you can later explain the difference between the two situations.

Tell harassment victims: Report any retaliation

12/03/2009

Even an exhaustive investigation into sexual harassment allegations may not provide enough information to conclusively determine whether harassment actually occurred. That doesn’t mean you can forget the whole thing. Instead, you must explain to the employee who reported the problem what steps you did take. And you must urge her to report any action she believes is retaliation.

Discipline ‘protected’ employee—but document why you treated similar offenses differently

12/03/2009

When it comes to discipline, the primary rule is to treat similar rule violations alike. That means you’ll have to punish all kinds of people for misbehaving, even if they’re members of a protected class. Don’t hesitate to do so if their behavior warrants it.

Can we administer a polygraph test to find out if one of our employees has been stealing?

12/03/2009

Q. I am a manager for a local bank. I strongly suspect that one of my tellers is stealing because his drawer is short every week. I have interviewed several employees, but no one knows anything, and the teller refuses to answer any questions regarding the missing money. Can I require him to take a polygraph test?

Worker complained of bias? Discipline with care

12/03/2009

Employees who complain about alleged discrimination are protected from retaliation for doing so, even if it turns out that their discrimination claims don’t hold water. The idea is that employees shouldn’t have to fear reprisal if they complain internally about discrimination or go to the EEOC. If one of your employees files a discrimination complaint, be careful how you discipline him for any workplace rule-breaking.

Justify different penalties for like violations

12/03/2009

When it comes to discipline, equal treatment is the only safe way to go since you don’t know which employees might sue for alleged discrimination based on membership in a protected class. That doesn’t mean, of course, that you can’t come up with different punishments when the circumstances warrant. The key is to document why you punished one employee more severely for seemingly similar rule violations.

How should we handle union reps during employee misconduct interviews?

12/03/2009

Q. We recently signed a collective-bargaining agreement with a union. While the labor contract addresses union representation during grievances and arbitrations, it doesn’t offer our managers and security investigators any guidance on whether and how the union can represent a covered employee during any interviews or investigations of possible employee misconduct. What is our duty under these circumstances?