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Employee Relations

Tread carefully with pregnant underperformer

06/17/2011

Performance improvement plans (PIPs) can help turn around subpar employees. But if you use PIPs, make sure you implement them equitably. For example, if you place a sales­person on a PIP to raise falling sales, then institute a PIP for everyone whose sales have fallen to the same level. That’s especially important if one of the employees is about to take FMLA leave or is pregnant.

6 steps to take if one of your employees gets arrested

06/17/2011
With a record number of Ameri­cans now in prison and police and prosecutors increasingly taking a hard line on crime of all kinds, more employers are finding themselves unprepared to answer the question: “What do I do now that one of my employees got arrested?”

Failure to investigate alleged harassment brings EEOC lawsuit

06/17/2011
B.J. Con-Sew faces national-origin harassment charges after a Hispanic employee claims he was forced to ­resign to avoid daily harassment. The employee claims he complained to various managers, but no investigation or assistance was forthcoming. Eventually, he quit and filed charges with the EEOC.

Don’t sweat details if your discipline decision is sound

06/17/2011

Do you worry about every detail of discipline and make sure all the facts are completely accurate? Your concern may be needless. Employers certainly have to be fair when disciplining, but judges know HR departments aren’t courts of law—and they don’t demand proof beyond a reasonable doubt.

Consider certification, job duties in determining if FMLA applies

06/17/2011

To be eligible for FMLA leave, employees have to show more than that they suffer from a serious health condition. They must also show that they can’t perform at least one essen­tial job function because they have that condition or are undergoing treatment for it. For employers, that means it’s necessary to compare the employee’s certification and his job description.

Let investigation guide harassment punishment

06/17/2011

Not every workplace incident involving offensive conduct between employees has to end in termination. Employers can and should base their response on the circumstances uncovered during an investigation. For example, the first time an employee uses offensive language, the appropriate remedy may be a stern warning. On other occasions, when it’s impossible to tell who said what, the proper response may be to counsel both parties.

Is Brooklyn Botanical Gardens fertile ground for bias?

06/17/2011
The former head of security at the Brooklyn Botanical Gardens has filed a lawsuit claiming the institution discriminates against blacks, and that he was fired in part because of his age.

Dunkin’ Donuts store pays for not investigating harassment

06/17/2011
The owner of a Dunkin’ Donuts franchise will pay $290,000 and agree to enter into a six-year settlement agreement after it refused to investigate charges that the store manager was sexually harassing female workers. Many of the employees were just 16 and 17 years old at the time.

When workplace romance goes bad, fall back on sexual harassment policy for discipline

06/17/2011

It’s bound to happen eventually: Two of your employees will have an affair. Then one of them will break it off, leaving the other hurt, angry and perhaps vengeful. It’s all a recipe for disaster—and HR will have to manage the situation. You can punish them both, assuming they are merely co-workers. But if your rules aren’t very specific, you’ll have to be careful.

Want real employee feedback? Use a focus group

06/15/2011
Employee focus groups are a good way you can uncover issues affecting productivity and retention. Use the following steps to organize your focus groups without excessive red tape or cost: