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Employee Relations

Worker complained of bias? Discipline with care

12/03/2009

Employees who complain about alleged discrimination are protected from retaliation for doing so, even if it turns out that their discrimination claims don’t hold water. The idea is that employees shouldn’t have to fear reprisal if they complain internally about discrimination or go to the EEOC. If one of your employees files a discrimination complaint, be careful how you discipline him for any workplace rule-breaking.

Justify different penalties for like violations

12/03/2009

When it comes to discipline, equal treatment is the only safe way to go since you don’t know which employees might sue for alleged discrimination based on membership in a protected class. That doesn’t mean, of course, that you can’t come up with different punishments when the circumstances warrant. The key is to document why you punished one employee more severely for seemingly similar rule violations.

How should we handle union reps during employee misconduct interviews?

12/03/2009

Q. We recently signed a collective-bargaining agreement with a union. While the labor contract addresses union representation during grievances and arbitrations, it doesn’t offer our managers and security investigators any guidance on whether and how the union can represent a covered employee during any interviews or investigations of possible employee misconduct. What is our duty under these circumstances?

OK to terminate employee who is psychologically unfit to perform stressful job

12/02/2009

When stress is a built-in part of the job, it stands to reason that sound mental health is a prerequisite. Someone whose psychological disorder interferes with the ability to perform such a job isn’t qualified and can be terminated.

Holiday parties: 12 tips for making sure liability doesn’t hang over your head

12/01/2009

Every year around this time, the Ghost of Christmas Parties Past comes clanking down the hallway, dragging a chain of liability dread for employers. The biggest nightmare: alcohol-fueled misbehavior and mishaps. Here are 12 tips to ensure that what’s supposed to be the best of times doesn’t turn into the worst of times.

Suggestion box winners: Beer, bikinis … and then maybe a nap

12/01/2009

Suggestion boxes seem like such a good idea! They’re an easy way to solicit employee input. They send the message that management cares. They get workers involved! What could go wrong?

Psst! Heard the good news? You’re not liable for gossip

12/01/2009

A court has ruled that an employer isn’t liable for defamation when employees discuss what may or may not have led to disciplinary action.

Don’t sweat perfection when investigative honesty is enough

12/01/2009

Employers often agonize over whether their workplace investigations are thorough enough. They worry that they somehow have to ascertain the absolute truth and can’t make any mistakes. Relax. As long as your investigation is reasonable, courts won’t interfere—even if your conclusions were wrong.

Don’t let chronic complainer scare you from legit discipline

12/01/2009

Some employees see discrimination everywhere and constantly complain. How you react can mean the difference between winning and losing a lawsuit. Keep cool no matter how often the employee runs to the EEOC. Focus on his work, not the complaints, and treat him like every other employee.

It probably seemed like a good idea at the time

12/01/2009

A South Florida secretary e-mailed a bomb threat to American Airlines to make sure her boss had time to catch a pre-Thanksgiving flight from Miami to Honduras. The plane was detained—and so was Claudia De La Rosa after police traced the e-mail back to her work computer … Police arrested her for making a false bomb report, a crime punishable with a prison term of up to 15 years.