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Employee Relations

Good records get lawsuits dismissed fast

02/14/2018

Employers that have well-documented business reasons for every discharge typically win lawsuits that allege discrimination. Good records force employees to prove that an allegedly legitimate reason for firing was a pretext for covering up discrimination.

‘Body cams’ for managers & employees: Is it time?

01/25/2018

Body cams are now common among police, but some employers see them as a way to monitor performance and sort out he-said/she-said arguments.

Beware discipline after employee talks to EEOC

01/10/2018

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

Probation office head could face jail time for theft

01/05/2018

The former head of the Perry County, Pennsylvania Probation Office faces two third-degree felony theft charges after he gave himself an advance for work to be performed.

Meet the new boss, who is entitled to set new expectations regardless of past measures

01/05/2018

Sometimes, a long-term and apparently successful employee may not adjust well to a new supervisor—especially if that supervisor brings new or different performance expectations about the employee’s job.

Your good disciplinary records will almost always beat employee’s retaliation claim

01/02/2018

If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.

$1 million to Rochester, Minn. cop who spoke her mind online

12/28/2017

Citing rules against discussing personnel matters, Rochester, Minn. city officials are remaining silent concerning a $1 million payout to a 25-year veteran of the city’s police force who was disciplined after making controversial online comments about current events.

Factor disciplinary history into punishment

12/28/2017

An employee with a prior disciplinary history may deserve more severe punishment for rule-breaking than a co-worker with a clean record. However, you must document that history and the role it played in your decision-making.

Employee admits sexual harassment? Be sure documentation reflects that

12/22/2017

When investigating sexual harass­­­ment, make sure you document every interview, including any with the alleged harasser. That way, if you end up discharging the alleged harasser, you minimize the chances that he might win a defamation lawsuit against your organization.

Lawsuit based on lies? Employer may win fees

12/22/2017

Courts don’t want to dissuade employees from filing lawsuits by ordering workers to pay the employer’s legal fees. However, that’s not the case when an employee obviously lies.