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Discipline / Investigations

Saying ‘No’ to the office beggar

10/01/2007

Q. An employee in our office regularly asks co-workers for small amounts of money and then never pays them back. We’ve all stopped giving him money, but he continues to ask, which makes many people feel uncomfortable. How do we get him to stop? …

If new job stinks, requested transfer can be retaliation

10/01/2007

When an employee requests a transfer after complaining about alleged harassment, don’t jump at the opportunity—only to place him in an unpleasant new environment. Merely honoring a request to be moved isn’t a defense against a retaliation claim. That’s true even if you provide the same pay and don’t change benefits, seniority or any other aspect of the employment relationship …

Document good faith when disciplining for rule violation

10/01/2007

Employees who sue for sex or other forms of discrimination under the Texas Commission on Human Rights Act often claim their employer based discharge or other punishment on trumped-up charges. Employers can win these cases if they have good records showing their actions were reasonable and “in good faith” …

Political Expression at Work: Limit Distractions, but Allow Free Speech

09/12/2007
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Cleveland Clinic hit with sex assault whistle-Blower suit

09/01/2007

Scott Graham, a surgical assistant in the heart unit of the renowned Cleveland Clinic, filed suit against the clinic—plus affiliated Lakewood and Fairview hospitals—for retaliating against him after he reported alleged sexual assaults by head surgeon Dr. Baldev Sekhon …

Best bet: Always investigate hostile environment claims

09/01/2007

You’ve heard a rumor that one of your employees is looking for or has already accepted another job. Then you call him into a meeting to discuss the matter. You ask whether the rumor is true. That’s when the employee admits the job hunt, but hits you with the reason: He claims the work environment is so hostile that he has no choice but to look. What’s your next step? Do you fire him since he’s looking for other work? Or do you tell him you will investigate his claims and then follow up? …

Personality clash? Don’t automatically transfer complainer

09/01/2007

Employees who complain of harassment may actually be experiencing a personality conflict. Circumstances that lead someone to see harassment based on race, disability or gender may be nothing more than the result of difficulty getting along with others. If your internal investigation reveals no real discrimination, you may be tempted to move the feuding parties as far away from each other as possible. But that may backfire, especially if the person you transfer is the one who complained of discrimination in the first place …

OK to punish worker acting alone to end alleged harassment

09/01/2007

When it comes to sexual harassment, employers need a clear policy and a process that allows employees to come forward with claims. That’s really the only way an organization can protect itself. But what if an employee who thinks he’s being harassed ignores your policy and acts alone to contact the alleged harasser anonymously? If this “self-help” seems to threaten the alleged harasser, you can punish the employee without worrying about liability …

Independent inquiry saves the day on supervisor harassment

09/01/2007

Employers can fairly easily limit their liability in sexual harassment cases. Rigorously enforcing a solid harassment policy does the trick. But supervisor harassment is another matter. When a supervisor allegedly harasses a subordinate, the employer is liable unless it can show that some “tangible employment action” by the supervisor didn’t adversely affect
the victim …

Keep written records showing discipline rationale

09/01/2007

The decks are stacked against employees who claim retaliation when there is no direct evidence of discrimination—if employers keep complete written records of their disciplinary actions. Those cases often hinge on allegations the employer trumped up disciplinary charges to cover up retaliation. That can be difficult for an employee to prove if there is a solid paper trail documenting the employee’s infractions and the resulting discipline …