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Employee Relations

Discipline worker who complained of bias–if warranted and consistent with past practice

02/21/2011

Employees who claim some form of discrimination are protected from retaliation. But that doesn’t mean employers can’t discipline employees who have complained. The key is to make sure any discipline is based on legitimate concerns and doesn’t go beyond that which other employees who didn’t complain would receive.

6 tips to help managers approach–and turn around–poor performers

02/18/2011
No manager enjoys having “the talk” with employees. But ignoring an employee’s poor performance won’t make the problem go away; it’ll only make things worse. Tell managers they can improve the odds for positive change by following these six rules of employee engagement:

Have a progressive discipline system? Use it every time

02/18/2011
Employers that bend their disciplinary rules after an employee files a discrimination or harassment complaint almost guarantee they will face a jury if the employee sues. Courts often see such deviations as evidence of retaliation.

Setting sound policies, following processes to a ‘T’ increase odds of winning in court

02/18/2011

Employers that follow their own disciplinary process—even in cases involving difficult employees—benefit if those employees sue. When courts see a reasonable disciplinary policy that is applied evenhandedly, they rarely second-guess an employer’s decision to fire an employee.

Are you married to a ‘work spouse’?

02/18/2011
In a Gannett Co. survey of 600 white-collar workers, 69% of married men and 63% of married women said they have a relationship at work that is close enough to be classified as a “work spouse.”

Shift recruiting, retention priorities to beat ‘talent paradox’

02/17/2011
The challenges facing HR pros who specialize in talent, compensation and benefits are dramatically different today than they were just a year ago. At Deloitte Consulting, we call it “the talent paradox”—the apparent contradiction that occurs when unemployment is still relatively high, yet companies still are seeing significant shortages in critical talent areas.

Make it easy for courts to see your side–investigate thoroughly before disciplining

02/15/2011
Courts don’t expect employers to set up the equivalent of a judicial system for disciplining employees. They just want to see a reasonable effort to ferret out the truth.

Make your arbitration agreements stick: Consult lawyer, communicate with employees

02/15/2011

If you’re considering so-called alternative dispute resolution, be sure to have an experienced attorney draw up the arbitration agreement. It should clearly state that all employment disputes will be handled by arbitration. Your role in HR is to take all necessary steps to ensure employees understand that agreeing to arbitration is a condition of employment.

Make training for managers an essential part of your sexual harassment policy

02/15/2011
It does no good to have a sexual har­assment policy if managers don’t know how to enforce it. Without regular manager training on how to respond to complaints, you might as well not have a policy.

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.