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Employee Relations

New ADA amendments law expands employee disability rights

11/06/2008

Effective Jan. 1, 2009, employers with 15 or more employees have a new set of ADA rules to contend with. President Bush signed off on a law significantly amending the ADA in September, greatly changing how employers must handle disabled applicants and employees.

Communication Corner: 4 tips to help improve workplace communication

11/05/2008

A collection of tips, advice and insight to help you ratchet up your persuasive powers …

As economic route turns rough, beware these 4 RIF potholes

11/04/2008

Layoffs are in the news. With a recession looming, this necessary evil is on agendas throughout corporate America. A layoff—or RIF—is a tricky, painful process for management, those who lose their jobs and even employees who remain afterward. Here are four critical and often overlooked RIF potholes that can make the route more treacherous than it needs to be …

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit …

Demand fitness exam when performance slips

11/04/2008

You don’t have to ignore a sudden and shocking deterioration in an employee’s performance and behavior. You can and should ask for a fitness-for-duty exam. Just be prepared to discuss possible accommodations if it turns out the employee is disabled.

When USERRA conflicts with changing organizational needs

10/30/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty. But what happens when an employer finds that its business needs have changed while the employee was on active duty? …

What if a disability accommodation might cause morale problems with other employees?

10/28/2008

Q. An employee whose doctor says she cannot stand for long periods of time recently requested an accommodation. The employee requested the opportunity to sit on a stool while she works. We are concerned that giving this employee a stool will prompt other employees to request seats of their own, even though they do not have the disability she does. Do we have to accommodate her request, knowing that it could lead to significant morale problems?

Crying wolf? 4 steps for handling serial complainers

10/28/2008

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? …

Don’t be surprised if tort claim follows initial lawsuit

10/28/2008

Government employees who want to sue for such things as defamation have to let the state know before they file suit. It gets trickier, however, when the employee amends a previous suit …