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Employment Law

Last-minute complaint shouldn’t derail firing

05/13/2011
Employees who know they’re in trouble often look for ways to set up a lawsuit in case they’re fired. They may file some sort of discrimination complaint right before termination. This can be a winning strategy if the employer hasn’t been careful to document performance or other problems all along. Don’t get caught in that trap.

Fairness, careful documentation are key to discipline process that will stand up in court

05/13/2011

Are some of your supervisors so gun-shy about getting sued that they hold back on discipline? That’s a big mistake. As long as an employer carefully documents the disciplinary process with solid evidence, chances are any lawsuit will be quickly dismissed.

Tell all bosses: You must report harassment

05/13/2011
It’s crucial for front-line supervisors to report alleged race harassment up the chain of command. That’s because courts will inevitably conclude that when an employee complains about harassment to the boss, that puts the company on notice that it had better investigate the problem and fix it.

‘Private’ email? Remind your employee that there’s no such thing!

05/13/2011
Make it clear with employees—early and often—that your electronic communications are not their private playground. Legally, it’s your organization’s property and you have the right to monitor every email as you wish.

At least try to accommodate religious needs

05/12/2011

Employers can’t just ignore it if an employee asks for time off as a religious accommodation. The better approach is to schedule the employee for work and wait for him to request time off for religious observances. Then carefully consider the request, and document your efforts and conclusions.

Do disabled workers have extra rights during layoff?

05/12/2011
Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?

If we buy another company, are we also buying the union that represents its employees?

05/11/2011
Q. We’re considering buying another company in the same industry. That company has a unionized workforce, and our executives are concerned because they don’t want to deal with a union. Otherwise, though, they are positive about this possibility … If we buy this company, will we have to deal with the union?

How can we help get a union decertified?

05/11/2011
Q. A few employees have told me recently they are fed up with their union and would like to get rid of it. How can I help them? We’d be glad to get rid of the union, too.

Are you ready for the EEOC’s enforcement crackdown?

05/11/2011
The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential dis­crimination claims.

Minneapolis Convention Center faces discrimination charges

05/11/2011
Six former employees of the Min­ne­apolis Convention Center are suing, alleging the center discriminates based on age and race. Their lawsuit says minority and older workers were held to different standards than other employees.