Employee Relations

Evaluating employee before return to work? Know difference between medical, agility tests

12/25/2009

Under the ADA, employers aren’t allowed to subject employees to medical tests unless they can prove that the examinations are job-related and consistent with business necessity. However, they can ask employees to perform agility tests. The line between the two is difficult to find. But get it wrong, and you may have an ADA discrimination case on your hands.

Don’t know who’s harassing? What to do

12/24/2009

What’s an employer to do when an employee complains of anonymous harassment? You may never be able to figure out who is doing the harassing, but you must still do something—if only to show that your company doesn’t approve. Begin by opening an internal investigation, just as you would for any other complaint.

Firing due to ‘romantic tension’: Is it sex bias?

12/22/2009

When co-worker relationships break up, tensions can boil over in the workplace. Back-stabbing and name-calling may play out in the office—and that may require discipline. When that happens, investigate thoroughly. But watch out for discipline that looks suspiciously like discrimination against just one of the former lovebirds.

Encourage ethical behavior as economy recovers

12/18/2009

This recession seems to have an upside: Employees are behaving better. Don’t get too excited; the uptick in ethical behavior is probably temporary. Still, HR pros and organizational leaders can try to keep the upswing going. The best way to do that is to make creating an ethical culture a business priority. Here are a few recommendations:

As boomers gray, savvy employers could see silver lining

12/16/2009

In 2011, the first of the baby boom generation will turn 65. As the rest of the roughly 70 million baby boomers follow, we’ll see a major shift in the age of our society—and our workforces. To survive and thrive in the face of these new demographic realities, employers will need to retain employees well older than the traditional retirement age of 65. Here are some areas on which employers will need to focus to help retain older workers:

How to ensure settlements are the last word: Ask lawyer to draft all agreements

12/15/2009

The last thing you want after settling a discrimination or harassment complaint is for the case to rear its ugly head again. That’s why settlement agreements should include clear language releasing you—the employer—from any further liability. Your best bet: Have your attorney prepare all your settlement agreements to make sure they meet state and federal laws.

Is an employee’s refusal to cooperate with an internal investigation a firing offense?

12/14/2009

Q. We have an employee who has declined to cooperate in a workplace investigation into an issue that could threaten our company’s operations. Can we terminate the employee for insubordination?

Can we prohibit employees from receiving private packages at work?

12/09/2009

Q. Over the holidays, many of our employees received packages at the office. We are worried that this might be a disruption. Should we ban employees from receiving personal packages at work?

12 trends to watch as 2010 economy rebounds

12/09/2009

The cost cutting and headcount reductions might not be over yet, but as the economy begins its slow recovery, HR pros are reporting fewer layoffs, a renewed focus on retention—and even a talk of pay raises! Still, the flush workplace of 2006 isn’t likely to rush back into vogue. Here are 12 lingering adjustments—all with comp and benefits implications—that could outlast the recession:

Is the U.S. workplace becoming more rude, raunchy?

12/08/2009

Boorish behavior and vulgar words are on the rise in U.S. workplaces. In fact, 38% of women say they’ve heard inappropriate sexual innuendoes and taunts in the workplace—up from 22% the year before. Such behavior can crush morale and increase turnover. Advice: Adopt a civility policy separate from your harassment policy.