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Policies / Handbooks

5 tips to avoid this summer’s legal hazards

05/04/2010
Different seasons usher in different employment law risks. Employment law firm Fisher & Phillips offers this five-point to-do list to get ready for the coming summer months.

Tighten up your attendance policy or risk unemployment comp hit

05/04/2010

Here’s added incentive to have crystal-clear attendance policies: Employees who are terminated for violating unclear or confusing attendance rules may end up collecting unemployment compensation. Here’s why: In many states, former employees can successfully argue that they were terminated through no fault of their own if they can show that the attendance policy was difficult to understand and comply with.

Can we require women to repay maternity leave benefits if they quit before returning to work?

04/28/2010
Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she’s required to reimburse the company for the paid leave. Is this lawful?

Can we limit cash awards to just some employees?

04/28/2010
Q. When we win contracts, we recognize employees with cash awards. But these awards may be given only to the select few employees who were involved. Is this legally OK?

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

Bethlehem’s St. Luke’s hospital won’t hire smokers

04/28/2010

St. Luke’s Hospital and Health System in Bethlehem will screen new hires for tobacco use and not hire anyone who tests positive for nicotine. Current employees will not be tested. Employees who fail the screening may try again in six months.

Follow your own rules, and be confident you’ll win lawsuits

04/28/2010

Any employee can file a lawsuit for any reason. But filing and winning are two different things. Most lawsuits end up dismissed after the employer shows the court it followed its own rules and fairly disciplined the employee.

Ensure workers know how to report harassment

04/28/2010

One of the best ways to protect your organization from sexual harassment lawsuits is to make sure all employees know what sexual harassment is and what to do about it. The more you publicize the policy, the harder it will be for an employee to argue she didn’t lodge a complaint because she didn’t know she should.

Supreme Court hears arguments: Are employees’ personal text messages private?

04/20/2010

The U.S. Supreme Court on Monday heard oral arguments in a case that could settle the contentious issue of whether employers have a right to read personal text messages employees send using employer-provided equipment and bandwidth. Based on the Justices’ questions, it doesn’t sound good for the cop who sent racy texts to his wife — and his girlfriend.

Labor on the rise: Review your solicitation & distribution rules

04/19/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.