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Employee Relations

Thorough investigations win discharge lawsuits

03/30/2012
While you can fire an at-will employee for any legal reason or no reason at all, your best bet is to conduct a thorough and fair investigation. It’s much easier to persuade a judge that a discrimination complaint is meritless if you can point to records showing exactly why you fired the worker.

Don’t let complaint derail improvement plan

03/30/2012

Some employees seem to believe they can stop disciplinary action just by complaining about alleged discrimination. That isn’t true. A supervisor who has begun a push for improvement can and should continue with the effort despite the complaint. There’s no reason to worry that legitimate management amounts to retaliation.

Employees boost fundraising for Austin-area charities

03/30/2012
Employees of Austin, Texas-based IE Discovery raised 38% more money for charities in 2011 than they did the year before. The company donated $10,450 to 16 charities, ranging from hospitals and legal foundations to programs aimed at feeding the hungry.

Establish clear discipline policies–and follow them for every employee, every time

03/29/2012
You’ll rarely lose a termination-related lawsuit if your handbook contains clear rules that you follow consistently. That’s because when everyone who breaks the same rule is equitably disciplined, fired employees will have a hard time finding ­workers outside their protected class who were treated more favorably than they were.

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

Exclude FMLA leave from attendance discipline

03/29/2012

Here’s a basic way to avoid FMLA trouble: Before punishing an employee for poor attendance, double-check whether any of the time she’s missed was for FMLA leave. That way, there’s no question about whether FMLA leave was a factor in discipline.

The ‘Great Boss’ checklist: How do you rate?

03/23/2012
Great bosses aren’t born, they’re made. Becoming a great boss requires honest self-analysis and periodic reassessments. The following check­­list was designed to guide you in that analysis. Use it to take stock of your people skills. Be honest with yourself.

Warn bosses: Your snarky email could cost us a lawsuit

03/22/2012

It used to be that managers picked up the phone when seeking HR’s input on how to handle an employee problem. These days, they send an email. That can spell big trouble. Email, unlike a phone conversation, leaves a perfect record of what transpired. And courts don’t hesitate to use email as evidence.

When merger looms, focus on evaluations

03/19/2012
HR professionals are often among the first to know that big organizational changes are on the way. If you learn about an upcoming merger, don’t spill the beans, but do diplomatically prod managers to complete all pending performance evaluations.

Track what happens to everyone on a PIP

03/19/2012
Here’s a tip if you use performance improvement plans (PIP) before termination. Track what happens to everyone who’s on a PIP. Note those who quit instead of facing discharge.