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Discipline / Investigations

What’s scope of sexual harassment investigation?

03/18/2009

Q. We are looking into an allegation of sexual harassment. According to the alleged victim, after she came forward, other employees began telling her they had similar problems with the alleged harasser. None of those incidents was ever reported. Must we expand our investigation to include the unreported incidents? Where do we draw the line?

Set up employee complaint hotline to flag managerial abuses—and stop lawsuits

03/13/2009

All too often, low-level managers and supervisors cause misunderstandings that could have been avoided. Of course, training on company processes, anti-discrimination or anti-harassment policies and so forth can prevent many workplace problems. As a backup plan, make sure you have a way for employees to quickly notify HR about any problems.

Make pre-firing investigation truly independent

03/09/2009

You might have rogue managers in your midst without even knowing it. If one of your supervisors has it in for a subordinate for discriminatory reasons, and you rely on his recommendation to terminate an employee, you may be in trouble.

Act quickly once you verify harassment

03/03/2009

When an employee has sexually harassed a co-worker, employers can avoid liability by acting fast to fix the situation as soon as they learn about it. General rules: If an employee complains, investigate promptly. If the alleged harasser confesses, immediately take steps to end any further harassment.

Don’t be fooled: ‘Quit or be fired’ won’t stop employee from filing lawsuit

03/03/2009

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue …

Warn managers: False claim that employee lied can lead to defamation lawsuit

03/03/2009

Here’s a warning for managers or supervisors being investigated for sexual or other harassment: If they falsely accuse an alleged victim of lying, the victim may be able to sue the manager or supervisor for defamation. And that could mean personal liability for the boss if a jury believes the alleged victim.

Double duty: Regulating moonlighting and following the law

03/03/2009

As the economy heads south, many of your employees have probably considered—or already found—second jobs to supplement their incomes. Most of the time, moonlighting poses no conflict with your organization’s work. But an employee’s second job could lower productivity and morale. It could create liability for you.

Beaumont police officer wins $150,000 gender bias award

03/03/2009

Clearly, there is no fury like that of a woman scorned—especially one unfairly passed over for promotion. Officer Tina Lewallen filed a complaint with the Beaumont Police Department after two men were promoted to the narcotics unit ahead of her. When the department failed to investigate the complaint, Lewallen sued …

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.