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Policies / Handbooks

Poke holes in your absence policy before a court does

02/01/2005
Issue: How consistently do you treat employee absences?
Risk: Many organizations’ attendance policies, inadvertently or not, include legally risky doublespeak.
Action: Examine your policy, looking for contradictions and inconsistencies …

Probe all complaints; even positive review can trigger retaliation claim

01/01/2005
Can supervisors be guilty of retaliation if they give a mostly positive performance review? Yes, it’s possible.
As the following case shows, if an employee views any part of her …

‘Equal-opportunity harasser’ defense may not save you in court

01/01/2005
You may think that if an employee subjects both male and female co-workers to the same offensive conduct, employees of neither sex can file a sexual-harassment lawsuit.
In past cases, …

Don’t retaliate against employee who is arrested; await case result

01/01/2005
When dealing with employees who’ve had brushes with the law, remember that a big difference exists between “arrests” and “convictions.”
It’s clear that you can fire employees convicted of crimes. …

You can’t base employment decision on reasons unrelated to the job

01/01/2005
You’re free to set certain terms and conditions for employees’ jobs. But make sure none of those conditions step on employees’ constitutionally protected rights, particularly rights that apply to their personal …

Does your violence policy address concealed-carry laws? It should

01/01/2005
With the recent addition of Ohio, 46 states now have laws allowing competent adults to carry concealed weapons.
The good news: In most states, that right typically doesn’t apply if …

Enforce use-it-or-lose-it vacation with a clear policy

01/01/2005
Issue: How to handle employees’ vacation leave left over at year-end or when they leave your employ.
Benefit: A clearly written policy can protect you from disputes and unnecessary compensation. …

Tread carefully when approving job-sharing arrangements

01/01/2005
Issue: Two employees ask to share one job: Should your organization approve it?
Risk/benefit: Job sharing can improve retention and boost morale, but it also can spark negative side effects. …

Make legally smart job offers; avoid ‘implied’ contracts

01/01/2005
Issue: Legal problems that stem from inadvertent comments at the job-offer stage.
Risk: Imprecise wording of an offer could lock you into an ‘implied contract’ with the employee.
Action: …

Be consistent when bending policies to suit elder care needs

01/01/2005
Issue: Most organizations lack formal elder care benefits or policies. Instead, they assist employees by making exceptions to other policies.
Risk: Unless you apply those exceptions fairly, you’ll risk complaints …