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Firing

Harassment Investigations Must Be ‘Fundamentally Fair’ to the Accused

05/01/2006

When a sexual harassment accusation arises, employers often move into crisis mode. But don’t try to push the problem off your plate by quickly jettisoning the employee via a kangaroo court …

Heed the legal limits of video monitoring in the workplace

05/01/2006
Monitoring employees with video cameras probably doesn’t violate employee privacy rights, but employers should make sure they don’t step over the line of reasonable privacy concerns, such as monitoring dressing rooms …

Be wary of disciplining employees soon after union activities

05/01/2006

Courts, the NLRB and state labor relations boards are becoming more open to employee’s claims that they were disciplined in response to their union activities, even when no connection exists. For that reason, it’s important to be cognizant of your timing when taking action against a union worker …

Design smoker surcharges to cut costs, preserve morale

04/01/2006

More employers are increasing health premiums for smokers as a way to cut health costs. Such surcharges can trim costs, but implementation mistakes can alienate employees and hurt morale. Use the following tips to design smoker surcharges that reduce the most costs with the least employee backlash …

No need to announce reasons for firing

04/01/2006

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference? —A.L., Arkansas

Prevent employee anger before it starts: 5 tips

04/01/2006

One wrong move (especially during the firing process) can send employees running for courthouse. Teach supervisors to avoid unnecessarily angering employees by pointing out the following common mistakes …

Know the Legal Boundaries of Employee Lie-Detector Testing

03/01/2006

In most cases, requiring private-sector employees to take polygraph tests will create more harm than good. That’s because the Employee Polygraph Protection Act makes it illegal to "require, request, suggest or cause an employee or prospective employee to take or submit to any lie-detector test," except in limited circumstances …

Don’t guess about a worker’s condition; test and inquire

02/01/2006

If you treat employees as if they’re disabled, they’ll garner ADA protections even if they’re healthy as horses. Wait for skills testing and medical results to determine an employee’s condition; don’t make snap judgments …

State law decides if workers can see personnel file

02/01/2006

Q. Are we required to let terminated employees come in and view their actual personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file. —T.M. California

Female worker replaced by a female may still pursue sex bias case

01/01/2006

You may think that your organization is immune from a sex discrimination lawsuit if you hire a female employee to replace a fired female. But such "free passes" don’t automatically exist … and your supervisors should know it …