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HR Management

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?

What factors should I consider before firing a new employee for excessive absences?

05/26/2010
Q. We have a new administrative employee in our medical office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is a shambles. Can I put her on written warning for excessive absences? Can I terminate her?

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.

Include contract disclaimers in your handbook

05/26/2010

If, like most employers, you use an employee handbook to manage the workplace, remember that you must ensure that employees understand that the handbook is not a contract. Do that by clearly stating that employment is at-will and that employees can be fired for any reason or no reason.

Back-to-basics manager: Good for the bottom line

05/26/2010

If you want your organization’s employees to work more productively, pay more attention to them. During the economic crisis of 2009, the most effective business strategy turned out to be increased supervision and management of employees. Research by RainmakerThinking shows that organizations that combined three effective strategies during the recession had better financial results than others:

Creating drug-free workplace: How to draft a policy, conduct legal tests

05/26/2010

When drug abuse isn’t an obvious problem in the workplace, it’s easy for employers to develop a cavalier attitude about it. That’s not smart. It’s in your best interest to detect employee drug abuse early and root it out immediately. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

What should we do? We’ve heard rumors that some employees are downloading porn at work

05/24/2010
Q. All of our employees have Internet access at work. We have heard rumors that several employees have been logging onto pornographic and other inappropriate sites, and have been displaying or disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now?

Go beyond ‘benefits brain dump’: Educate year-round

05/21/2010

For too many employers, “benefits education” consists of dropping an annual benefits statement in front of the workers and saying, “See you next year.” However, a new Hewitt Associates survey says U.S. workers’ biggest complaint about their employee benefits isn’t cost or access—it’s that employees don’t understand the benefits they already have. Here are inexpensive ways HR can educate employees year-round: