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Employee Relations

‘Keep this private’ may be unlawful request during internal investigations

10/18/2012

When investigating claims of harassment or misconduct, it’s common to ask employees whom you interview to “keep this information confidential.” But a new ruling from the NLRB says that such a blanket confidentiality rule violates employees’ legal rights unless “legitimate and substantial justification exists” for the rule.

Court loses patience with frivolous lawsuits

10/15/2012
Do you have an employee who’s threatening to sue if you discipline him? Don’t let that prevent legitimate discipline.

Watch out for overt harassment, but don’t sweat isolated–possibly misinterpreted–comments

10/15/2012
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.

Beat retaliation suit with good HR records

10/15/2012

Employees who suspect they are facing discipline sometimes think they can stop the process by complaining about some form of alleged discrimination. At the very least, they reason, they can claim they suffered retaliation for reporting discrimination. Smart employers keep careful rec­­ords showing the internal timeline for all employment decisions.

Create special test for underperforming worker

10/15/2012

Do you have an employee who just doesn’t seem capable of doing his job? If you document the shortcomings, you can create a special test designed to measure improvement. Just be sure to provide appropriate training materials as part of your effort.

Are your HR ‘customers’ satisfied? Surveys can tell

10/15/2012

One way for HR departments to improve their performance—and their reputation among execs—is to treat employees like customers seeking good service. So how can you tell if those “customers” are happy? Do as you would with any customer—conduct a survey.

Is your cube becoming a cage? 6 tips to put the ‘human’ back in HR

10/12/2012
Getting out on the shop floor or into the breakroom could counter employee attitudes that link HR only with bad news and being disconnected from employees. Here are six tips to help raise HR’s visibility.

Writing performance reviews: Details will save the day

10/02/2012
When it comes time to writing performance evaluations, it’s best to stay away from broad generalizations about the employee’s work. Instead, provide concrete examples that support your stated performance rankings. Follow these guidelines for writing evaluations.

Can we stop employees from talking politics?

10/01/2012
Q. With the election approaching, it seems like our office is as politically divided as the country. Can we ban all political talk?

Same offense, same discipline? Not necessarily

10/01/2012

You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.