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Employee Relations

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

Emotional distress suits: Court says employers can access medical records going back 2 years

01/07/2011
Employers have a right to defend themselves if an employee sues them for discriminating in a way that inflicts emotional distress. Now a court has agreed that employers are entitled to see medical records dating back two years from the time of the alleged discrimination that the employee says triggered the emotional distress.

Stop lawsuits cold: Launch immediate investigation when bias accusations fly

01/07/2011

Some managers worry needlessly that they will be sued for discrimination if they fire an employee—especially one who acts as though she has a chip on her shoulder. But as long as an internal investigation finds that the employee hasn’t been discriminated against because of a protected characteristic, you likely have little to worry about.

When harassment case is on the line, be ready to prove you did everything you could to stop it

01/07/2011
Employers have an obligation to try to prevent harassment when it erupts. But courts often give an “A” for effort. They won’t measure your efforts solely by whether your prevention strategy worked.

Worker always complaining? Investigate anyway

01/07/2011

Some employees gripe all the time. You know them: They’re the ones who regularly appear in your doorway, ready to file yet another complaint with HR about supposed unfair treatment and discrimination. No matter how groundless, look into their claims.

Three’s a crowd: Can an employee bring someone else along to his performance appraisal?

01/07/2011
Q. An employee has asked to have his wife present during his performance evaluation. Does he have the right to bring a representative?

The 10 best ways managers can build employee trust

01/05/2011
Surveys consistently show that lack of trust in management is one of the main reasons employees disengage from their work and seek jobs elsewhere. Here are 10 ways managers can work to earn trust from their employees:

How to Respond to an EEOC Complaint: 10 Steps to Success

01/04/2011
The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond: 1. Tell the whole story Often, […]

When employee threatens, you can and should discipline–regardless of reason

01/03/2011

Employers and employees have the right to a safe work environment free from violence or direct threats of harm. Punishing an employee who puts others in danger or creates widespread fear is not only appropriate, but essential. That’s true regardless of the underlying reason for the threatening behavior. You can discipline the employee, no matter why he misbehaved.