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Employee Relations

Winter of discontent: 10 tips to help workers through bleak months

01/17/2011
There are two seasons almost everyone looks forward to: the winter holidays and summertime. The first now seems like a distant memory, and the other is still months away. That can make this time of year feel a little bleak, and it can make work productivity lag. Show your employees that you understand the midwinter doldrums and you care enough about them to try to help them through it.

Best way to thwart discrimination lawsuits: Have manager who hired also handle the firing

01/14/2011

It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.

Feel free to discipline or terminate employees who insist on working unauthorized overtime

01/14/2011

Hourly employees generally know that if they work overtime, their employer has to pay them for the extra hours. That’s true, but that doesn’t mean employees can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

When worker may have broken rules, conduct independent investigation to confirm suspicions

01/14/2011
The possibility of hidden bias is what makes it so important to never base a termination decision solely on one person’s recommendation. The key is to cut the connection between the supervisor’s attitude and the company’s termination decision.

Workplace in turmoil? Here’s how to know where to start cleaning house

01/14/2011

Sometimes, a handful of bitter employees can poison the workplace atmosphere so much that production falls. That doesn’t mean it’s always easy to figure out who’s to blame. Here’s one way that sometimes works: Conduct a thorough assessment of the workplace by interviewing all the employees. What you learn may surprise you and provide the impetus to make some sorely needed changes.

After workers’ comp claim, make sure supervisors don’t step up scrutiny

01/14/2011

Employees who file workers’ compensation claims are protected from retaliation—essentially any change in working conditions that would lead a reasonable employee to rethink her decision to seek benefits. That can include sudden scrutiny of the employee’s work. That’s why HR should look carefully at any increased discipline against those who file workers’ comp claims.

When employee claims co-worker harassment, investigate promptly, act reasonably

01/14/2011
If you respond quickly to sexual harassment complaints involving co-workers, you’ll seldom have to worry about coming out on the losing end of a sexual harassment lawsuit. As long as you respond reasonably, courts will defer to your best judgment—especially if the problem seems to have been resolved.

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

Emotional distress suits: Court says employers can access medical records going back 2 years

01/07/2011
Employers have a right to defend themselves if an employee sues them for discriminating in a way that inflicts emotional distress. Now a court has agreed that employers are entitled to see medical records dating back two years from the time of the alleged discrimination that the employee says triggered the emotional distress.