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Employee Relations

Don’t let FMLA request stop legit discipline

09/10/2009

Employees sometimes think taking FMLA leave—or even just asking for the time off—protects them from being disciplined or discharged. Not so. Employers are free to discipline or discharge employees if they can show they would have taken the same action even if the employee never asked for or received FMLA leave.

What’s going on? How to conduct a workplace investigation

09/10/2009

Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Whether it is a small inquiry or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

Punish those who use ethnic slurs—whether it’s intended to offend or not

09/08/2009

Some employees aren’t very sophisticated—so unsophisticated they may use terms they don’t fully realize are offensive to others. But ignorance is no excuse: You can and should punish employees who use language that stereotypes or demeans co-workers.

Get it in writing! You need consistent, persistent documentation

09/08/2009

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

Of good faith and gut instinct: Fire employee who falsely claims discrimination

09/08/2009

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.

How to show you don’t discriminate: Track all discipline and punish equitably

09/08/2009

At some point, a former employee will sue your organization for discrimination. The typical argument: Someone not in the same protected class as the employee was treated more leniently. How will you show that’s not true?

Asperger’s syndrome may be an ADA disability

09/08/2009

Asperger’s syndrome may be a covered disability under the ADA, a federal court hearing an Ohio case has concluded. Asperger’s is a developmental disability characterized by “severe and sustained impairments in social interaction,” according to the American Psychiatric Association. The condition is permanent and is similar in some respects to autism.

Adopt 5 HR best practices to weather the recession

09/04/2009

During a recession, every organization seems to face its own unique HR challenges, and that’s leading to creative solutions and new ways of thinking. Here are five best practices that can help comp and benefits pros make changes that contribute to their organizations’ survival.

9 ways to cut costs with strategic work/life & flex benefits

09/04/2009

Amid layoffs, furloughs, pay cuts and frozen salaries, most organizations are holding onto their work/life benefits during the recession. And some of them are using flextime, telework and other employee favorites as cost-cutting strategies. Here are nine ways your organization can make strategic use of work/life benefits to cut costs, save jobs and pump up employee morale during the recession.

Pass your own health care reform with these 4 best practices

09/04/2009

Don’t depend on comprehensive health care reform to significantly cut the cost of the health insurance benefits you provide to employees. Many of America’s best companies have found that a few best practices do a remarkably good job of improving employee health and controlling health care expenses. Here are some of the best practices in health benefits used by America’s best employers.