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Employee Relations

Showing restraint: Ensuring worker safety with workplace protective orders

09/23/2008

A disgruntled employee is terminated for poor performance. On his way out, he threatens his manager and co-workers. Fortunately, situations like this usually end with the terminated employee cooling off, filing for unemployment and getting on with his life. But what happens when the employee doesn’t let it go? …

Apprentice forms and paycheck deductions

09/23/2008

Q. One of the positions in our manufacturing company has a formal apprenticeship program. To stay accredited, we must submit monthly reports showing the number of classroom training hours in which each apprentice participates. Submission of these forms is mandatory, and yet every month there are always some apprentices (for whatever reason) who fail to submit their forms. Can we withhold a portion of an apprentice’s paycheck at the end of the month until we receive the training reports? …

How do we accommodate an employee’s obvious disability tactfully and legally?

09/23/2008

Q. We have an employee who is clearly disabled. The employee has a very difficult time walking and is unable to stand for extended periods of time.  While the employee has never complained or asked for any form of accommodation, it is clearly affecting both him and his performance. We want to help him, but we are afraid to approach him and suggest he needs help. What can we do? …

Halfhearted effort at bailout no excuse for failure to WARN

09/22/2008

Under the WARN Act, employers with at least 100 employees must notify their employees at least 60 days before shutting down or implementing a mass layoff. There is a “faltering company” exception for businesses actively looking for financing or an alternative to shutting down. But employers can only exercise the faltering company exception if they can show they were actively looking for money or business opportunities …

Prepare now for passage of the Employee Free Choice Act

09/22/2008

Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.

Was worker claiming harassment part of the problem?

09/22/2008

Employers are supposed to make sure that harassment doesn’t happen—and stop it if it does. But sometimes, the employee complaining the loudest may actually be part of the problem. If that’s the case, the responsible thing to do is to stop all the harassment, from all the participants …

DCA employee used his consumer affairs position for personal gain

09/22/2008

David Biederman, former consumer education coordinator for the New Jersey Division of Consumer Affairs (DCA), pleaded guilty in August to two counts of conducting unlawful business transactions, a fourth-degree offense.

Freehold education administrators go back to school … sort of

09/22/2008

The New Jersey Department of Education (NJDOE) has found that three Freehold Regional High School District administrators who attained advanced degrees from a purported “diploma mill” did not intend to deceive the district.

Can we talk? A guide to political expression in the workplace

09/18/2008

The presidential campaign has everyone talking politics, and inevitably a lot of that talking takes place at work. As the campaign season moves toward the general election, many employers are re-examining their workplace policies concerning political activities and speech. Evidence suggests employers must educate employees concerning workplace political speech …

You can fire high performers just because of poor attitude

09/17/2008
We’ve all encountered the type: employees who are smart—and know it. They work hard and produce results. But they are so arrogant, so abrasive and so insistent that their way is the right way that they kill morale. You don’t have to keep them on just because they meet or even exceed business goals …