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Hawaii

Use documentation to show insubordination

08/01/2013

Some employees will never be happy and seem to do everything possible to interfere with a normal, well-functioning workplace. When that’s the case, don’t hesitate to terminate the disruptive worker. Just make sure you document her shortcomings.

Feel free to regulate worker conduct in company van

06/06/2013

Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.

The latest word on seats from the appeals court bench

05/20/2013

A recent court decision on the availability of seating at work suggests the best approach may be to just offer everyone a chair. It seems employees sue without actually requesting a place to sit down.

Hasty retirement benefits offer may show retaliation

04/23/2013

Before offering a retirement package that’s contingent on giving up the right to sue, make sure you comply with the Older Workers Benefit Protection Act (OWBPA) requirements. That includes giving the employee time to review the agreement and talk to a lawyer.

Serial complainer cries harassment? Investigate every allegation

04/23/2013

An employee can lose a sexual harassment lawsuit and still win on retaliation if she can show she was fired for complaining about harassment. Don’t let that happen to you.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013

It’s never a good idea to “throw the book” at an employee just because a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012

Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Court gives EEOC employee another chance to sue

08/21/2012

The 9th Circuit Court of Appeals has given a government employee another shot at a discrimination lawsuit. The case highlights how complicated the litigation process has become, since apparently even the EEOC doesn’t know the rules.

Specifics matter when workers allege discrimination

08/21/2012

Employees who complain to their employers about discrimination are usually protected from retaliation. But they must at least mention the sort of discrimination at issue. Simply protesting that an evaluation wasn’t fair won’t do the trick.

Reconsider if complaint that led to firing is recanted

07/24/2012

If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.