Employee Relations

Is body odor a real disability?

07/07/2013

Q. Several employees have requested that we talk to another employee who, frankly, smells bad. I know she has medical problems. Can we ask her to do something about the odor or would that be discrimination based on disability?

When firing, consider all the circumstances–but prepare for lawsuit

07/05/2013

Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. Your best defense against those lawsuits is to make sure you carefully document all discipline.

Worried promotion might fail? Take a chance anyway

07/03/2013

Some employees rise to a challenge; others don’t. If you are worried that an employee you want to promote might not succeed but want to give her a chance, go ahead. As long as you give her ample training, it won’t appear to be a setup.

Promotions vs. external hires: Who performs better?

07/03/2013

External hires receive significantly lower performance evaluations and higher exit rates during their first two years on the job than do internal hires who are promoted into similar positions, according to a study by management professor Matthew Bidwell.

Employees break world record by making 1,000 sandwiches

07/01/2013

Arlington, Va.-based Corporate Executive Board made the Guinness Book of World Records in May, but not for anything to do with its core business. Its feat: More than 500 employees pulled together to make 1,000 sandwiches in less than five minutes, which they donated to local food kitchens.

Poor review alone isn’t grounds for lawsuit

06/27/2013

Good news for bosses who get nervous when required to give poor performance evaluations: A negative performance review alone isn’t grounds for a lawsuit. It’s only if the review becomes the basis for discharge, demotion or a denied promotion that employees can take the matter to court.

Worry about disciplinary inequities from one supervisor, not every boss

06/27/2013

Yes, all employees are supposed to be treated equally when they break the same rule. But when courts compare discipline, they don’t do so across the entire organization. They focus on one supervisor at a time. Company-wide variations are normal and not absolute proof of discrimination.

Create–and enforce–policy requiring honesty

06/26/2013

Employers want honest employees who don’t lie, cheat or steal. To encourage honesty, be sure your company has a policy requiring honesty. That way, it’s easy to terminate someone you believe has acted dishonorably.

Supreme Court defines ‘supervisor’ in bias cases

06/26/2013

In a major victory for employers, the Supreme Court has ruled 5-4 that, in Title VII discrimination cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The June 24 decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias.

Fair investigation all that’s needed to support discharge

06/24/2013

Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.