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Retaliation

‘Offering’ chance to quit may still be constructive discharge

07/01/2008
Employers commonly give employees a chance to resign rather than be fired. And employers often believe that as long as they get employees’ signatures on the “voluntary” resignation letters, they’re in the clear. That’s simply not true …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Ensure employees know how to complain about retaliation

07/01/2008
You know that employees who complain about harassment or discrimination shouldn’t suffer retaliation. But do you have a mechanism in place that prevents such retaliation? If not, it’s time to come up with one. Nipping retaliation in the bud is far cheaper than defending it in court …

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

Loved, lost: Crafting effective workplace dating policies

07/01/2008
Many companies that otherwise permit co-workers to date draw a bright line that prohibits managers from being romantically involved with those who report to them, either directly or indirectly. There are many good reasons for such a prohibition … Consequently, many companies maintain strict nonfraternization policies between supervisors and subordinates.

Demanding coffee may be gauche, but it’s not harassment

07/01/2008
In a case that illustrates just how sensitive some employees are to perceived sexual stereotypes, a woman hired to work as a receptionist tried to claim that refusing to serve her male bosses coffee was tantamount to engaging in protected activity. Then she alleged retaliation …

Terminations: 6 steps to ensure firing won’t backfire

07/01/2008
In most states, workers are employed on an “at will” basis, meaning they can leave the company at any time. Conversely, employers typically retain the right to terminate workers at any time for any legal, nondiscriminatory reason. Courts continue to chip away at the at-will doctrine, providing less flexibility to employers. This has led to an increase in wrongful discharge lawsuits …

Demanding coffee may be gauche, but is it harassment?

07/01/2008
Maybe she was a bit of a drip, but one employee got in such a froth about her bosses’ demands for coffee service that she sued. Did she really have grounds to bring a harassment and retaliation lawsuit? Did her employer wind up in hot water?

HR Specialist Editors Bring You the Best from SHRM Chicago

06/24/2008
For a week each year, the Society for Human Resource Management’s Annual Conference becomes the center of the HR world. HR Specialist editors have joined 13,000 of our peers in Chicago this week for four days of professional development covering HR’s hottest topics and presented by the profession’s  leading experts. Here’s some of the best from the world’s biggest HR conference.

Don’t let tardiness influence FMLA leave

06/17/2008
Ann Weichman, an account underwriter at Chubb, was a pain to supervise because she was so frequently late for work. Then, a few days after Weichman took FMLA leave, she was late for nonmedical reasons. The company had had enough and fired her. She sued for retaliation and interference with her FMLA rights …