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Employee Relations

There’s getting hurt … then there’s the fear of getting hurt

10/27/2008

Here’s a tale of workplace terror so harrowing that one of the characters even used a pseudonym when he filed for workers’ comp … for injuries he had yet to receive.

N.J. Supreme Court sets rules for proving religious discrimination

10/27/2008

The New Jersey Supreme Court has ruled for the first time on the proof employees must offer to make a religion-based hostile work environment claim stick. The case, Cutler v. Dorn, established that New Jersey courts must decide workplace religious discrimination claims using the same legal standards they use in racial and gender discrimination claims.

Warn bosses: Don’t exclude from ‘inner circle’

10/27/2008

Train all bosses to avoid even the appearance of favoritism. Explain that excluding anyone from an “inner circle” may trigger a lawsuit, especially if those on the “in” list are largely members of the same protected classification as the supervisor or manager. Something as simple as speaking a common foreign language with select subordinates can trigger a lawsuit …

Discipline only after documenting work slippage

10/24/2008

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach …

Former sheriff won’t be handing out paychecks anytime soon

10/24/2008

Ronald Hewitt, former Brunswick County sheriff, has been sentenced to 16 months in prison, ordered to pay a $10,000 fine and attend mandatory substance-abuse counseling after pleading guilty to obstructing justice in a case that was a hit parade of workplace impropriety.

Track discipline by protected characteristics

10/24/2008

Poor performers who think they have been discriminated against when fired, demoted or otherwise disciplined can still win a lawsuit—if they can show that others outside their protected class were just as lousy but didn’t receive the same discipline. Be ready to defend yourself with solid, carefully documented proof…

Ethics battle rages as Election Day approaches

10/24/2008

State Auditor Les Merritt has released a preliminary report concluding that the State Ethics Commission is “hiding facts from the public” regarding its termination of commission office assistant Amanda Thaxton and a related investigation into whether it gave Democratic gubernatorial candidate Lt. Gov. Beverly Perdue preferential treatment …

Remind bosses: No reprisals for complaining

10/24/2008

It’s easy to understand why supervisors and managers get upset when one of their subordinates files an EEOC complaint. After all, how can you not take it personally if someone says you discriminated based on race or sex or for some other illegal reason? But the worst thing those managers and supervisors can do is punish the subordinate.

New employee obviously not working out? Let hiring manager be the one who terminates

10/24/2008

Sometimes, it becomes clear early on that it was a mistake to hire that new employee. If it doesn’t look as though things will improve, it’s a good idea to let the same manager who recommended hiring the employee also be the one to fire her. That makes the termination decision much easier to defend if there’s any question about possible discrimination.

Teachers do the math, find their bonuses came up short

10/24/2008

North Carolina teachers reporting to school this fall found their state-awarded bonuses cut by 30%. Hundreds appealed to state Sen. Steve Goss, a former teacher, for help.