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Employment Law

Beware boss who undermines anti-harassment rules

01/24/2014
Here’s a novel situation: What do you do if you learn that someone is undermining a manager or HR director’s efforts to stop sexual harassment by enforcing company rules? If you ignore the manager’s complaint, she may sue the company for allowing sexual harassment to flourish.

Don’t fear punishing boss who threatens retaliation

01/24/2014

Employees who complain about discrimination or other problems by going to HR shouldn’t be punished for doing so. That includes the mere threat of punishment, whether or not that punishment is carried out.

When providing benefits, make sure they go to everyone entitled to them

01/24/2014
Benefits like vacation, sick leave, relocation payments and the like must be provided equally to all similarly situated employees. Don’t reward some with additional perks and leave others out—unless you’re willing to risk a lawsuit.

Seeking enforceable arbitration agreement? Be certain it’s not tilted in your favor

01/24/2014
Want to arbitrate employment disputes rather than drag them out in state or federal court? Then make sure the arbitration agreement you use is fair to both sides and doesn’t include any obviously one-sided clauses favoring the employer.

Difficult employee broke your rules? No need to fear legitimate termination

01/24/2014

Do you have a difficult employee you just know is going to sue you if you fire him? That’s no reason to treat him with kid gloves. Just make sure you have a rock-solid reason for the discharge. You may still be sued, but the case likely won’t go far.

Be alert for health, safety whistle-blowing

01/24/2014
Here’s a warning for federal government employers: Just about any internal complaint about agency wrongdoing may be protected activity under the Whistleblower Pro­­tec­­tion Act (WPA).

Complaint? Warn boss against adverse action

01/24/2014
Don’t let your organization fall into the retaliation trap. Make sure all supervisors understand that nothing should change for an employee after he files a discrimination complaint without prior approval from HR. Then, act only if it’s clear the proposed action has nothing to do with the complaint.

Dumb idea of the month award: ‘Maternity Projection’ charts for female staff

01/24/2014
A New York company took career planning a bit too far when it actively tried to predict which female employees would become pregnant and miss work. It created a “Maternity Pro­­jec­­tion” chart to determine how soon each female employee was likely to have a child. A federal court green-lighted a jury trial, saying the chart was enough evidence of bias.

The evidence is on Facebook: Can we fire for inappropriate behavior while wearing our logo?

01/22/2014
Q. One of our employees recently posted a picture of himself on Facebook doing something inappropriate while wearing a T-shirt with our company logo on it. The inappropriate conduct didn’t occur at a work event, but we’re concerned that the T-shirt connects us to the conduct. We would like to fire him immediately, but we hesitate because the termination is based on his personal Facebook page.

In case of he-said/she-said harassment, can we make employees hand over text messages?

01/22/2014
Q. One of our employees was recently accused of sending sexually harassing texts to another employee. The complaining employee said she was so upset by the texts she deleted them; the accused employee adamantly denies sending the texts. Can we search the accused employee’s cellphone or is there a way to retrieve the messages from the complaining employee’s phone?