• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discipline / Investigations

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

Subjective fear of discipline no reason to quit

08/01/2006

To make a "constructive discharge" claim, employees must show that their working conditions were so intolerable that they had no choice but to quit and that those conditions amounted to discrimination based on age, race, sex or some other protected characteristic. But, as a new ruling shows, an employee’s subjective "fear of future discipline" isn’t grounds for a lawsuit under this constructive-discharge theory …

Drug-Test Policy Should Include Off-Duty Prohibition

08/01/2006

Pennsylvania employers that want to make sure their employees don’t come to work under the influence of alcohol or illegal drugs should establish a random drug-testing program. State law makes employees ineligible for unemployment compensation anytime an organization bases its firing on employees’ "failure to submit [to] and/or pass a drug test conducted pursuant to an employer’s established substance abuse policy" …

Head-Office decision won’t insulate company from liability

08/01/2006

Don’t think that leaving the final firing decision to someone in company headquarters will shield your organization from a discrimination lawsuit. Even if the ultimate decision-maker doesn’t know the race, sex or age of the employee in question, the fired employee can still file a discrimination claim if he or she can point to lower-level bias that tainted the decision …

What does broad new definition of ‘Retaliation’ mean to you?

08/01/2006

Expect this summer’s blockbuster U.S. Supreme Court ruling, Burlington Northern v. White, to swell the number of retaliation complaints and legal claims …

Performance-Based Pay Cuts: Legal, not advisable

08/01/2006

Q. We do yearly performance evaluations, during which we review whether employees have met the expectations we laid out during the previous review. If these expectations were not met, can we legally decrease the employee’s salary as punishment? —A.L., Iowa

Overly specific discipline policy can spark liability

08/01/2006

Q. I’m the HR director, and our discipline policy is very complicated and has several different categories of offenses. It says that if employees commit offenses that may result in suspensions of more than three days, employees are allowed a pre-disciplinary counseling conference. Now, my manager thinks that conference should be skipped if the employee has already been counseled for a prior offense in the past 12 months. I’m concerned that this deviates from our policy. Can we do this? —S.D., Illinois

Lessons from the 2006 SHRM conference: Avoid discipline that makes ‘Example’ of workers

08/01/2006

Employee discipline, above all else, must be consistent. When it’s not, mistakes put employers at risk of messy discrimination claims …

New retaliation rules: What managers need to know

08/01/2006
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Equal treatment is absolutely essential after employee’s complaint

07/01/2006

It may seem patently obvious, but judging from the number of lawsuits alleging retaliation these days, many employers still don’t understand the importance of equal treatment following a complaint …