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HRIS / Technology

Retain e-mails after receiving EEOC complaint

07/09/2010

When sued, employers must preserve all evidence in their possession that may concern the lawsuit and its underlying claims. That means that as soon as you receive an EEOC complaint, you should issue a litigation hold directing the retention of all electronic communications, such as e-mails. Don’t let employees make their own decisions about which e-mails they should keep.

Use social networks to your advantage in employment disputes

07/08/2010

I’ve long preached that employees should not enjoy an expectation of privacy in information they voluntarily place on the Internet, including social networks like Facebook. Now according to one federal court in Indiana, it is also fair game for employers to use social networking information when they have to defend against harassment and discrimination lawsuits.

Don’t waste your online recruiting budget: Ask right questions to choose best job sites

06/29/2010

Replacing employees is costly enough without frittering away your recruiting dollars on advertising that either doesn’t reach the desired candidates or results in bad hires. Too many employers take a shotgun approach, placing ads on several sites without obtaining data to help make the right choice. To get the best value for your ad dollars, ask job-board sales reps these questions:

Review e-communications policies in wake of Supreme Court texting decision

06/22/2010
The Supreme Court ruled last week that a police department’s search of an officer’s personal text messages sent via a department-issued pager didn’t violate his constitutional rights. But the court punted on the question of how much privacy employees can expect when using employer-provided gear. The split decision means your policies are more important than ever.

Address sexual harassment fast! It’s the right–and smart–thing to do

06/09/2010

When you find out that an employee has been doing things that make the work environment sexually hostile, you must fix the problem right away. The sooner you do, the less likely that an employee will successfully sue. That’s because employees have just 300 days to file EEOC charges. That clock starts ticking as soon as you start acting to clean up the environment.

How accessible are your electronic HR files?

06/08/2010

With 70% of all corporate records now stored electronically, HR must make sure their organizations’ systems are set up to retrieve critical information on demand. That’s essential if your organization is sued. Long delays in providing evidence can lead to needless litigation costs—and crush your chances in court.

Warn bosses: E-mail is smoking-gun evidence

05/27/2010

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

How liable are we for an employee’s accident that occurred while he was on the phone?

05/26/2010
Q. One of our managers was talking on his company cell phone while driving when he struck and injured a pedestrian. Can the pedestrian sue the company?

Don’t rely on software alone to determine employee’s FMLA eligibility

05/26/2010

Many employers use software to track FMLA eligibility. Most of the time that works fine. But if you decide to terminate an employee because the software told you she wasn’t eligible for FMLA leave, double-check the calculation first. If you confirm she hasn’t worked a total of 52 weeks, you can terminate her.

7 elements of a social media policy that limits your liability

05/26/2010

Online social networking sites provide a variety of benefits to organizations. They can help you collect industry-based knowledge, reach new customers, build your brand and publicize your company’s name and reputation. But those benefits come with their fair share of legal risks. You need a comprehensive social media policy to guide employees on your expectations about their online behavior.