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

Employee Relations

Tap into the lawsuit-saving power of self-reviews

04/17/2008

When an employee sues over an alleged discriminatory firing, courts typically make a beeline for one piece of evidence: the employee’s performance evaluation. The problem: Supervisors are notorious for giving overly kind evaluations, even to poor performers. That’s why it’s wise to get another opinion: the employee’s own …

Employee or contractor? Degree of control is key factor

04/17/2008
The IRS and the courts are increasingly ignoring the “independent contractor” label that companies increasingly slap on their workers. Instead, they’re reclassifying those relationships as “employees.” And that’s not good for employers …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …

Punish offenders to set example that prevents harassment

04/14/2008
When you learn that a supervisor has sexually harassed and punished—or threatened to punish—a subordinate to gain cooperation or for rejecting an advance, send a strong message to all managers and supervisors. Promptly fire the harasser or demote him—or her—out of a supervisory position. Then reinstate the harassed employee …

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Use peer-Review process to assess subjective qualities—And justify discipline

04/14/2008
Whether dealing with clients or co-workers, an abrasive, rude and arrogant employee can spell big trouble. The problem, of course, is measuring something as subjective as likeability or abrasiveness. One possible way: Use a peer-review process to gather relevant information and a consensus on how well employees get along with others …

Make common sense the driving force of your business

04/10/2008
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Top 5 mistakes employers make and how to avoid them

04/10/2008

Poor communications with employees isn’t just bad for business. It also creates a work environment that’s ripe for legal trouble. Stay out of the courtroom by taking time to explain your actions and make the workplace seem rational to employees. Here’s how.

Don’t hesitate to discipline a rude and insubordinate employee

04/09/2008
Nothing disrupts the workplace like a rude and nasty employee—especially one who thinks she’s smarter than everybody else and constantly tries to show it by criticizing co-workers and others. To stop the damage, you may have to act firmly, even if that means the employee may sue. If you back your actions with solid evidence, chances are a judge will throw out the case …

Pew report gives low grade to Illinois government

04/09/2008
The Washington, D.C.-based Pew Center recently released a report grading state governments on their general performance. Illinois scored a C on the report card. In keeping with contemporary sensibilities, this C did not mean average—it meant the bottom of the barrel …