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Wisconsin

Handle supervisor harassment with a good policy, timely investigation and independent review

10/12/2009

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

Don’t drop your guard just because Illinois court dismisses whistle-blower case

09/14/2009

Just won an Illinois whistle-blower case? Don’t rest easy yet! If you’re an employer that’s also covered by federal law, brace yourself for a federal whistle-blower lawsuit, too.

Check for subordinate bias before disciplining boss

09/14/2009

Here’s a problem you may not see coming: A group of employees comes forward and complains about a supervisor’s management skills. You decide to take action and demote the supervisor. Before you act, check for potential bias if the supervisor is of a different ethnicity, race or other protected classification than the subordinates.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Porn on shared computer? Investigate carefully

08/14/2009

Your computer-usage policy no doubt prohibits visiting pornographic and other inappropriate sites. But what if someone surfs forbidden sites using a computer that an entire group of employees has access to? That makes it difficult to positively identify the guilty user. Your IT department can provide technical assistance so you can base your investigation and conclusions on facts.

Keep cases from escalating: When hot-headed manager blows up, order cooling-off period

08/14/2009

Even the best bosses sometimes blow up. An employee slacks off or messes up, and the manager lashes out. Everyone knows such outbursts shouldn’t happen. That doesn’t mean they won’t. How you handle the aftermath may make the difference between a jury trial and a smooth return to workplace normalcy.

Beware that bloated résumé: Extra skills don’t necessarily mean better qualified

08/14/2009

Employees who want a promotion sometimes get upset when they aren’t selected, especially if the job winds up going to someone they perceive as less skilled or talented. But if the spurned employee’s extra skills or training weren’t necessary, they aren’t particularly relevant. And they’re certainly no proof that the promotion process was tainted by bias.

Make sure promotion panels don’t know anything about candidates’ prior complaints

08/14/2009

When promoting from within, one of the best ways to protect against retaliation claims is to use a promotion panel. If possible, make sure panel members don’t know about any complaints any of the candidates might have previously filed. That way, if the employee who says he’s being retaliated against doesn’t get the job, he can’t blame it on the panel’s knowledge of his prior protected activity.

Warn bosses: One comment could ignite racial case

08/14/2009

Remind supervisors that any comments they make about race or another protected characteristic can come back to haunt the company. It doesn’t much matter whether the comments come before or after a termination decision has been made.

Separate the ‘conduct’ from the disability

07/20/2009

Some disabled employees have the mistaken notion that their disabilities give them a pass that excuses unacceptable behavior. However, there’s no duty to accommodate what is essentially conduct. For example, employers don’t have to tolerate an alcoholic who shows up at work disheveled and reeking of alcohol or someone with a mental disorder who threatens to harm co-workers.