Employee Relations

You don’t always have to be right–as long as you act in good faith

07/23/2010

Here’s good news for supervisors who are afraid of making the wrong disciplinary decision: Employers don’t have to be right every time about the underlying reasons for disciplinary action. Instead, what counts is acting in good faith.

When investigating sexual harassment, consider all the evidence–including nonsexual threats

07/23/2010

You no doubt take sexual harassment complaints seriously and promptly try to learn the facts. But which facts should you consider when deciding whether the conduct creates a hostile work environment? Look at the totality of the circumstances. For example, comments that aren’t directly sexual can still contribute to a hostile environment if the context indicates that the comments are related to others that are sexual.

Avoid ‘summer slack-off’ syndrome: 6 ways to keep your company focused

07/13/2010

If you are used to accepting a lax summer work ethic from your employees (and maybe even taking on one of your own), it’s time to stop. Use this summer season to push employees to ruthlessly focus on improving the business.

When you learn of possible harassment, investigate promptly, take fast action

07/09/2010

Employers that act fast when an employee complains about any form of harassment can almost always salvage what would otherwise be a very bad situation. The key is prompt investigation—followed by equally fast and decisive action if it turns out the complaint has merit.

10 ways to ‘green’ your employee benefits

07/07/2010

Vouchers for compact fluorescent light bulbs and rooftop solar panels have taken their place next to health insurance and flextime as popular employee benefits. Young job-seekers want to work for socially responsible, environmentally friendly companies. That’s one reason more companies have begun offering “green” employee benefits.

Resolving workplace conflict: 8 simple, smart strategies

07/06/2010

Many lawsuits result from relatively small, manageable disputes that weren’t dealt with directly, often because HR simply didn’t know what to do or feared making it worse. Here are my favorite strategies for dealing with disruptive conflict, based on the book Resolving Conflicts at Work by Kenneth Cloke and Joan Goldsmith.

Are there other steps we should have taken before following discipline with termination?

07/02/2010

Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination?

Document rationale for all discipline to show it wasn’t a pretext for bias

06/29/2010

If you carefully document disciplinary actions and punish all employees fairly, courts will usually uphold your decisions. That’s because an employee who challenges the reason for her discharge has to show that the reason wasn’t legitimate—that, rather, the rationale was merely a pretext for some form of discrimination. And it takes more than just coincidence to do that.

Document any slippage in employee performance to insulate against later discrimination claims

06/29/2010

If you can show that the employee wasn’t living up to your legitimate expectations, her discrimination case will most likely be dismissed. Legitimate expectations—or adequate performance—aren’t measured just by performance evaluations. That’s especially true if the last performance evaluation occurred months earlier and performance has since changed.

Firing? Pick a reason and stick with it

06/28/2010

Presumably, when you terminate an employee, you have good reasons for doing so. If you pile on more reasons later, it may look as if you are trying to cover up a discriminatory decision with a host of excuses for why you fired the employee.