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Idaho

If nothing else, you can demand employee honesty

11/01/2007

Do you detect a certain reluctance by employees to cooperate when investigators are trying to do their jobs and get to the bottom of employment problems? Then it may be time to remind employees that you expect honest and forthright cooperation, and nothing less. Then, go ahead and discipline employees who don’t cooperate …

Satellite offices may not count for WARN layoff notice

11/01/2007

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide 60 days’ notice before a plant closing or a mass layoff involving 50 or more employees at a “single site of employment.” Employees have tried to argue that satellite offices should be included to determine if WARN notification was due …

Retirement math must comply with PDA, Title VII—For now

10/01/2007

Can employees sue for a company practice that was perfectly lawful when it was implemented but has since become illegal? Yes, according to a recent 9th Circuit Court of Appeals case in which employees complained that a company policy didn’t give them full-service credit toward their retirement benefits during their pregnancy leave …

Harassment victim doesn’t have to complain right away

10/01/2007

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process …

HR investigations must go beyond supervisor suggestions

09/01/2007

When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies …

Make sure you can track when downsizing decision was made

08/01/2007

Employees suddenly confronted with unpleasant alterations in their duties, responsibilities or schedules may look for reasons to avoid making the change …

Medical assessments should stick to the job, not generalities

08/01/2007

If the ability to perform certain physical tasks is absolutely essential to one of the jobs in your workplace, tread carefully when it comes to medical evaluations. The ADA makes it illegal to “regard” persons as disabled …

How not to institute an arbitration clause

07/01/2007

In light of recent California appellate court decisions addressing the enforceability of arbitration agreements, many employers may consider having employees sign one of these contracts. First, consider the following case …

Uniformity key to investigations that stand up in court

07/01/2007

When it comes to employee complaints and how your organization responds to them, uniformity is the most important factor …

Let cops search computers; don’t fear a privacy lawsuit

04/01/2007

With all the talk about workplace privacy, remember that your organization, not the employee, owns the computers and the data in them. You needn’t fear a privacy lawsuit if you give permission for law enforcement to read e-mail, search hard drives or access phone numbers on company-owned cell phones …