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Employee Relations

Add credibility to your investigations: Have employee sign off on your notes

10/30/2012
If you interview employees during the course of misconduct investigations, make sure to take accurate notes. Then, before concluding the interview, have the employee read and sign the notes, attesting that they accurately reflect what was said.

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012
Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.

Rocky Mountain climb grows into charity event

10/25/2012
A climb up one of Colorado’s 14,000-foot mountains that started as a team-building event for a handful of MegaPath Corp. employees in 2005 has grown into an annual event to raise money for two children’s health charity organizations.

Michigan firm’s employees say collective ‘thanks’ to truckers

10/23/2012
During National Truck Driver Appre­­ci­­a­­tion Week in September, employees of Troy, Mich.-based Meritor personally extended their thanks to the professional drivers who serve the company’s manufacturing plants.

Last-chance agreement can head off discrimination suit

10/22/2012
An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.

Focus on ability to perform duties if you worry worker may have mental or emotional problems

10/22/2012

What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.

GSA employees come up with $5 million in savings

10/22/2012

After suffering a slow-healing black eye for a lavish Las Vegas conference, the U.S. General Services Administration has turned to its staff for ideas to save money. Since unleashing “The Great Ideas Hunt,” GSA employees have offered the beleaguered agency more than 600 ideas.

‘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.