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Employee Relations

You don’t need a Sherlock Holmes investigation to deny ERISA benefits

06/05/2009

A federal appeals court has made it harder for employees to challenge your decision to deny a benefit covered by the Employee Retirement Income Security Act (ERISA).

Always investigate harassment before firing

06/05/2009

If you have ever been tempted to fire an alleged harasser just because you suspected the alleged victim might sue, consider this: The 2nd Circuit Court of Appeals has concluded that fear of being sued is no excuse for firing a suspected harasser without investigating.

Use progressive discipline—or prepare to pay unemployment even if conduct was outrageous

06/05/2009

Ohio employees who are discharged for just cause aren’t entitled to unemployment compensation payments. But Ohio courts frequently hesitate to cut off unemployment benefits for one-time conduct that may be outrageous—as long as the employee doesn’t have a history of past disciplinary problems and the employer has a progressive discipline program it didn’t use.

OK to deny reinstatement if returning worker can’t perform essential job functions

06/05/2009

Employees who have been injured may try to return to positions for which they are no longer qualified because they still suffer limitations on the work they can do. Employers are free to deny reinstatement if the employees’ new limitations mean they can’t perform the essential functions of their jobs, even with accommodations.

Beware incentive plans that deduct pay from exempt employees

06/05/2009

The FLSA sets strict rules for who can be classified as an exempt employee not entitled to overtime pay. One of those is the so-called salary-basis test. Exempt employees must be paid the same salary regardless of the quality or quantity of their work in any given pay period. In other words, employers can’t make deductions from pay for poor work.

‘Circle of Growth’ keeps call center turnover low

06/05/2009

In an industry that suffers an 80%-plus turnover rate, The Beryl Companies’ Dallas-based call center loses just 17% of its employees each year. Founder and CEO Paul Spiegelman attributes the low turnover to what he calls his “Circle of Growth” philosophy.

How strategic are you? An 8-question test

06/02/2009

CEOs want their HR leaders to break outside the operational box and become more strategic players. But many HR pros are so bogged down by daily process, they have trouble lifting their heads out of the weeds. Here’s a self-assessment to help you gauge the strategic value you bring to your organization.

Summer staff get-togethers for every budget

06/02/2009

While you may not have been partying much at the office lately, some employers see summer as an ideal time for an all-staff get-together. Instead of spending a lot on flowers and glassware rentals, get creative with these summertime themes.

How to cope with a seriously ill employee: 4 steps

06/01/2009
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More employers requiring travelers to share a room

06/01/2009

It’s nowhere near a majority yet, but more employers—from Pfizer to Microsoft—have begun asking their employees to share hotel rooms when on the road. Beyond the obvious dollar savings, some organizations say it builds camaraderie.