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Policies / Handbooks

NLRB to decide: Are Facebook posts protected discussions?

01/26/2011
Let’s say one of your union employees has used her own computer to make negative comments about her supervisor on her personal Facebook page. Co-workers—Facebook friends of the employee—see the posts and start chiming in with further smears. Can you lawfully terminate these employees for violating your social media policy? Probably not.

Put disciplinary wiggle room in your handbook

01/26/2011

Spring cleaning? Be sure to dust off and update your employee handbook too. Pay attention to this important point: When it comes to discipline policies, give yourself some flexibility to deal with unusual circumstances. Steer clear of complicated policies that try to categorize every conceivable offense for which employees could be fired.

Employee out on FMLA leave? You can still insist on following call-in policy

01/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Let it snow: Fed workers can forget unscheduled leave

01/14/2011

Fewer federal employees will miss work this winter when the government shuts down because of snow. Under a new federal Office of Personnel Management policy, employees with existing telework agreements will be expected to work from home.

E-cigarettes gain in popularity; establish a company policy

01/12/2011
The increasing popularity of so-called “e-cigarettes” is forcing employers to set policies on their usage in the workplace and to modify their on-premise smoking policies.

Don’t turn the other cheek on workplace bullies

01/11/2011

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it’s now a significant liability hazard for employers. Here’s how to institute a “no-jerks” rule at work that can help stop bullies.

Use robust anti-bias policy to limit liability

01/11/2011
Here’s an all-too-frequent scenario: Misconduct leads to discipline, perhaps even discharge. Then the employee sues, alleging that for years, he’s been subjected to harassment on account of a protected characteristic. Don’t let that happen to you.

Texting while driving: Must you ban it?

01/11/2011
The legal wall is building against texting while driving. The federal government and most states are going after drivers distracted by their iPhones, Blackberries and Androids. Is it time for you to formally ban the practice for your employees?

How to win sexual harassment lawsuits: Institute robust anti-harassment training policy

01/11/2011
The Supreme Court long ago ruled on the many steps employers can take to avoid liability for sexual harassment. But some employers still fail to cover sexual harassment in their ongoing training programs. If that sounds like your organization, resolve now to increase your education efforts. As this case shows, it’s well worth the effort.

Good faith–not perfection–is standard for deciding if wrongdoing calls for discipline

01/07/2011
Do you worry that you need absolute proof of wrongdoing before disciplining an employee? You don’t. Employers have to be fair, not absolutely right.