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Employee Relations

Have a progressive-discipline system? Great! But reserve right to fire immediately if necessary

04/15/2011
Many employers have a progressive-discipline system. Usually that’s good. But sometimes you may need to deviate from the disciplinary script. To keep your options open, make sure you explain that the disciplinary system is for guidance only, and that you reserve the right to apply the rules based on the individual circumstances of a particular case.

She’s not our employee! Are we liable for subcontractor harassment?

04/15/2011
Q. We recently received a complaint of harassment from an employee of one of the contractors we hire to do some work around our facility. I know, of course, all about our duty to prevent and stop sexual and other kinds of harassment of our own employees. But we don’t have a duty to do the same for the employees of another company, do we?

Ocala firm pays for tolerating same-sex harassment

04/15/2011
Prestige Home Centers, a mobile-home manufacturer based in Ocala, has agreed to pay $79,000 to several male employees who claimed a male supervisor at the company’s Lake City facility verbally harassed, groped and propositioned them.

When harassment escalates despite warnings and second chances, it’s time to terminate

04/15/2011

If a claim of sexual harassment comes down to nothing more than one employee’s word against another’s, it can be difficult to decide to fire the alleged harasser. It can be even harder if you know the accused harasser is involved in litigation against the company.

Worker sends complaint to HR? You must respond

04/15/2011
Some employers believe that actually filing a lawsuit or EEOC complaint is the only protected activity. That’s simply not true. Em­ployees who voice concerns to HR about possible discrimination at work are also protected from retaliation.

OK to base discipline on severity of violation

04/15/2011
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.

You can justify differing discipline for similar conduct

04/15/2011

Some employers believe that if several employees break the same rule, they must be punished exactly the same. That’s true—to a point. You can discipline one employee more harshly than another if you can show why you believe their conduct wasn’t so similar after all.

Employee complained about discrimination? That doesn’t excuse shoddy or dangerous work

04/15/2011

Employees who file EEOC or other complaints about discrimination are protected from retaliation for doing so. But that doesn’t mean employers aren’t allowed to discipline employees who have complained—if the situation legitimately calls for discipline. You must, however, be very careful to document the underlying reasons.

Accommodate disabled workers, but don’t accept mediocre job performance

04/15/2011

Yes, employers must reasonably accom­modate employees with disabilities. But that doesn’t mean they have to provide a perfect workplace—or tolerate subpar performance. Instead, make the accommodations that are reasonable. If the employee still can’t perform her job’s essential functions, you can terminate her.

Staff become owners with open-book management

04/15/2011

The 28 employees of Anthony Wilder Design/Build, a remodeling firm in Cabin John, Md., act like they own the place. They don’t. But owners Anthony and Liz Wilder have given them full access to the company’s financial records. Result: Employees have an intimate understanding of the ultra-­competitive remodeling industry.