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Employee Relations

Make sure employees understand policy and process for reporting sexual harassment

07/24/2009

Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.

Keep digging: EEOC complaint might not tell the whole story

07/24/2009

When you receive an EEOC complaint, investigate what other claims the employee, applicant or former employee could potentially bring. Courts have been granting more latitude to throw additional accusations into EEOC complaints after the fact.

Separate the ‘conduct’ from the disability

07/20/2009

Some disabled employees have the mistaken notion that their disabilities give them a pass that excuses unacceptable behavior. However, there’s no duty to accommodate what is essentially conduct. For example, employers don’t have to tolerate an alcoholic who shows up at work disheveled and reeking of alcohol or someone with a mental disorder who threatens to harm co-workers.

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

07/20/2009

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints. 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.

Workers’ comp carrier saga ends with $37 million settlement

07/17/2009

The commissioner of California’s Department of Insurance has reached a $37.3 million settlement of four lawsuits stemming from Fremont Indemnity Co.’s 2003 bankruptcy.

Use ‘fresh-start’ policy to cut retaliation risk

07/17/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

No evaluations? You could be called ‘Out!’

07/17/2009

The recession has put the brakes on pay raises in many workplaces. But too many employers have halted performance reviews at the same time. That’s a major mistake. Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons.

Social media and HR: Managing the legal risks, updating your policies

07/14/2009

Whether they’re shooting off their own tweets or following others, employees using Twitter, Facebook, MySpace and personal blogs are creating liability and PR risks with their online rants, raves and company gossip. We’ve gathered the best of HR Specialist’s recent coverage of social media’s HR implications. You’ll find sound legal advice, and maybe a laugh or two.

Penalize the worst of the worst more harshly

07/13/2009

There’s good news if you use objective and measurable productivity and goal targets to determine whether employees will receive promotions and pay increases. You can distinguish between degrees of failure to meet those goals.

Firing harasser is necessary, even if long-ago age comment could spark lawsuit

07/08/2009

Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.