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Terminations

Stop litigious employees’ amateur sleuthing! Set policies to ban unauthorized recordings

12/12/2012
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee’s subsequent retaliation lawsuit.

Before approving termination, check to see if boss has ax to grind with the employee

12/11/2012
Do you routinely rubber-stamp your supervisors’ termination decisions? As an important U.S. Supreme Court ruling last year made clear, that’s not a smart move for HR—and a new ruling illustrates that further.

Investigations must be thorough, but not bulletproof to justify discipline

12/10/2012
Here’s some good news for those handling discipline and wondering whether your decision will stand up in court: You don’t always have to be exactly right, just fair and honest.

Handbooks: 5 simple steps for preserving at-will status

12/07/2012
The easiest way to make sure employees understand that they are employed on an at-will basis is to place disclaimers throughout your employee handbook. Five key elements will help those disclaimers stand up in court if an employee ever mounts a legal challenge to at-will employment.

Dallas silkscreener settles ADA complaint

12/03/2012
Dallas-based DuPriest and Sons Holding will pay $24,000 to settle EEOC charges that it violated the ADA when it laid off a longtime employee after he informed his supervisor he would need regular kidney dialysis.

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.

Overstaffed? Take logical approach to job cuts

12/03/2012

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

Pregnancy discrimination: You may be personally liable

12/03/2012
Here’s a good reason to make sure pregnant employees don’t experience bias: The Pennsylvania Human Relations Act protects against pregnancy discrimination and holds personally liable anyone who aids or abets discriminatory practices.

Choose: Create light-duty job or keep paying workers’ comp

11/30/2012
The job market is tough for poorly educated, untrained injured workers. However, unless you want to continue carrying such workers on your workers’ compensation policy rolls, it might be smart to do all you can to find light-duty jobs for them.

Erratic employee veering toward violence? Request fitness-for-duty exam, fire if he refuses

11/30/2012

Sometimes, it becomes clear to a supervisor that an employee is acting strangely. The employee may be cranky, argumentative and unpleasant to co-workers and supervisors. He may register repeated complaints about discrimination or other ill treatment. And he may make threatening comments. If that happens, play it smart.