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Employee Relations

Beware disciplining worker who has claimed harassment

12/01/2010
Unless an employee has a poor performance history, don’t fire him a few days after he reports harassment.

Do your best to promote workplace civility, but don’t sweat faux pas that weren’t meant to offend

12/01/2010
Good employers strive to create a workplace that’s as respectful and civil as possible. But even in organizations that try their best, supervisors and managers sometimes mess up. A poor choice of words or an ill-timed joke can create tension and inflame passions. Mistakes like those don’t necessarily mean the employer is destined to lose if an employee sues.

Use deliberate process to make termination decisions–and demonstrate your good faith

12/01/2010

When you must terminate an employee, resist the temptation to “throw the book” at him by dredging up every possible mistake. That can backfire. Instead, make sure your termination process is respectful, careful and deliberate. An employer that seems reasonable almost always fares better in court.

Same offense, different discipline? Back it up

12/01/2010

Your progressive discipline probably gives you some flexibility to hand out different punishment, depending on the seriousness of the employee misconduct. As a practical matter, that means you must decide whether what one employee does is more serious than another’s similar transgression. Make sure you’re able to explain why one offense was worse than another and deserved harsher punishment.

Unionized? You may be able to use progressive discipline to address some forms of harassment

12/01/2010

If your organization is unionized and operates under a collective bargaining agreement that calls for progressive discipline, think twice before automatically firing an employee you believe has sexually harassed other employees. Unless your contract specifies discharge for a first harassment offense, you may have to follow your progressive discipline program.

No bonuses this year: Do we need to give notice?

12/01/2010
Q. Our employees have come to expect a holiday bonus every December. We need to end that practice this year due to the economy. Are we legally obligated to give some kind of notice?

15 ways to unlock creativity and generate ‘light bulb’ moments

11/30/2010

Whether they express them or not, your employees constantly have creative ideas swimming in their heads. How can managers get employees in the right atmosphere to generate such ideas and put them into words? Here are 15 simple steps, according to a new book, Attention!, to help you and your employees spark creativity and produce great ideas:

When supervisors leave subordinates in tears, don’t hesitate to demote or fire them

11/29/2010

Some people aren’t cut out to be supervisors. Too bad employers don’t always realize that until a steady stream of subordinates make their way to HR with complaints. If it appears obvious that there’s a problem with the supervisor and not his subordinates, document the complaints and take action.

Cobra, bitten by lawsuit, pays for sexual harassment

11/29/2010
Delray-based construction companies, Cobra Pavers & Engineering and Cobra Construction have agreed to pay $125,000 to settle sexual harassment charges brought by women who worked in the firms’ offices.

Log misconduct or worker could get unemployment

11/29/2010

When you discharge an employee for misconduct, she theoretically isn’t eligible for unemployment compensation because the employee’s own poor behavior is what caused her dismissal. But you can’t be sloppy when you document the misconduct. Take the time to investigate before you terminate.