Employee Relations

Don’t let bias complaint stop legit discipline

11/01/2011

Here’s an important reminder for HR professionals handling employee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.

Solving for the unknown: No duty to accommodate disability that employee never revealed

10/31/2011

Some disabled employees never tell employers about their conditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?

Aggressive defense makes short work of litigation

10/31/2011

Never ignore an employee lawsuit, even if you think it is frivolous. Instead, prepare to defend yourself as soon as possible. That way, you can push for a quick dismissal if it’s clear the employee has no case.

The art of giving negative feedback: A 7-step approach

10/28/2011

Giving feedback is an important management task but certainly not an easy one—especially when the feedback isn’t all sunshine. Fortunately, it’s a skill that can be learned.

Outsource staffing to save labor costs, maintain productivity

10/19/2011

Even in an economy that’s running full-tilt, HR and management face pressure to spend less on labor. If you’re hearing a cost-control refrain from the C-Suite, it might be time to dust off alternative staffing models that helped you survive the Great Recession.

Personality clash or hostile work environment? It depends on hypothetical ‘reasonable person’

10/17/2011

Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

Sometimes it’s OK to fire before parental leave

10/17/2011

Many employees believe that the FMLA and its state counterpart, the Minnesota Parental Leave Act (MPLA), absolutely prevent an employer from terminating someone who asks for or takes parental leave. That’s not the case.

HR detective: How to solve the classic ‘he said/she said’ mystery

10/11/2011

It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Handle criminal inquiry with care, sensitivity

10/10/2011

No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

Holiday sampler: 4 treats to make HR’s season bright

10/08/2011

The holidays are special, but they’re also an HR headache. Our early gift to you: Advice on everything from planning seasonal celebrations to handling end-of-year scheduling hassles.