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Policies / Handbooks

NLRB settlement suggests employee Facebook posts are protected

02/08/2011
The National Labor Relations Board has settled with a company that fired an employee for posting negative comments about a boss on her Facebook page. The case seems to signal that employee communications that happen via social media constitute protected activity under federal law. Does your social media policy go too far?

In discharge meeting, follow 2-and-1 rule: Two company reps, one reason for termination

02/02/2011

Unfortunately, lawsuits often come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in a termination meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that reason.

Can we use a lottery to set our vacation schedule?

01/28/2011
Q. I know it’s early, but last summer we had lots of conflicts over who could take vacation during certain weeks, with several people demanding time off around holidays. I want to use a lottery system to allocate vacation time. Is this legal?

Can we prohibit employee from using accrued leave to care for her husband?

01/26/2011
Q. An employee took time off to be with her husband who had a heart attack. We only have 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of sick and vacation time. Can the company keep her from taking paid time off to care for her husband?

NLRB to decide: Are Facebook posts protected discussions?

01/26/2011
Let’s say one of your union employees has used her own computer to make negative comments about her supervisor on her personal Facebook page. Co-workers—Facebook friends of the employee—see the posts and start chiming in with further smears. Can you lawfully terminate these employees for violating your social media policy? Probably not.

Put disciplinary wiggle room in your handbook

01/26/2011

Spring cleaning? Be sure to dust off and update your employee handbook too. Pay attention to this important point: When it comes to discipline policies, give yourself some flexibility to deal with unusual circumstances. Steer clear of complicated policies that try to categorize every conceivable offense for which employees could be fired.

Employee out on FMLA leave? You can still insist on following call-in policy

01/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Let it snow: Fed workers can forget unscheduled leave

01/14/2011

Fewer federal employees will miss work this winter when the government shuts down because of snow. Under a new federal Office of Personnel Management policy, employees with existing telework agreements will be expected to work from home.

E-cigarettes gain in popularity; establish a company policy

01/12/2011
The increasing popularity of so-called “e-cigarettes” is forcing employers to set policies on their usage in the workplace and to modify their on-premise smoking policies.

Don’t turn the other cheek on workplace bullies

01/11/2011

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it’s now a significant liability hazard for employers. Here’s how to institute a “no-jerks” rule at work that can help stop bullies.