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Employee Relations

Heard sexual harassment complaint is coming? Immediately launch your investigation

08/02/2012

When HR receives a complaint about sexual or some other form of harassment, immediately put your investigation machinery in motion. Start gathering information before you even meet with the complaining employee. That way, you can’t be accused of ignoring the problem …

Add credibility to investigation notes by having employees acknowledge their accuracy

08/01/2012

If you interview employees during the course of investigating alleged misconduct, 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. Don’t let the employee put off signing.

Court: Pregnancy plus slipshod discharge investigation doesn’t warrant negligence suit

08/01/2012
A federal court has refused to expand the ways an employee can sue for alleged pregnancy discrimination. Had the female plaintiff succeeded, the case might have opened the door to a runaway jury award.

Beware retaliation following internal bias investigation

08/01/2012
The 7th Circuit has held that employees who participate in employer internal investigations before administrative charges or lawsuits have been filed are not protected from retaliation. It’s different, however, after such charges have been filed.

Workers help Virginia firm keep culture intact

07/31/2012

To hire the best new employees for its culture, Richmond, Va.-based Snagajob.com lets its current employees assist with the hiring. The online recruitment firm trains employees in interviewing skills and then calls on them to help the CEO select new hires.

Jets’ new HQ makes rank-and-file part of the team

07/25/2012
Nonroster employees of the New York Jets might not work out side by side with Tim Tebow and Mark Sanchez, but they use the same gym—when the team’s not in it.

The case for managers: Hierarchy boosts productivity

07/20/2012
While it’s trendy for companies to tear down the corporate walls and declare all employees equal, new research in the journal Psychological Science says teams with built-in hierarchy are more productive than teams in which all people hold an equal amount of power.

Violence flares? You can discipline flexibly

07/16/2012
Do you have a zero-tolerance policy for workplace violence? That doesn’t mean you have to fire everyone who violates the letter of the rule. You can use some discretion, as long as you document why.

Detail discipline so you can later explain why punishment was appropriate and fair

07/16/2012
A discrimination lawsuit compares what happened to the complaining employee with what happened to others outside his protected class. Details matter. For example, an isolated instance of rude behavior is one thing, but constant rudeness is something else entirely. It can justify different, more severe punishment.

Make sure rigorous performance expectations don’t drive employees to work off the clock

07/16/2012
You may be tempting fate—and a Fair Labor Standards Act class-action lawsuit—if you demand so much productivity from employees that they can’t reasonably get everything done within the time you allow. The problem: Employees may feel compelled to work off the clock.