• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employee Relations

Court: We won’t micromanage hiring decisions

08/06/2009

The 2nd Circuit Court of Appeals has ruled that an employee who was passed over for a promotion can’t later use the poor performance of the person who got the job to prove the decision was discriminatory. The case shows that courts are willing to let employers make mistakes; they won’t micromanage hiring and promotion decisions.

Compare disciplinary records before firing

08/04/2009

Employers know they are not supposed to discriminate against employees based on protected characteristics such as race, age or sex. But HR can’t be everywhere, and in large organizations, it may be hard to monitor equal treatment. A centralized discipline-tracking system can help you check for possible hidden discrimination by comparing proposed discipline against past discipline.

Feel free to let the punishment fit the ‘crime’ when disciplining for off-duty conduct

08/04/2009

Many employers have rules that prohibit off-duty conduct that may reflect negatively on the company. But even with such policies, it’s tricky to discipline employees for the things they do on their own time away from the workplace. In fact, you’re free to use discretion in deciding whether an employee should be warned, suspended or terminated.

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Interviews: The legal way to ask 5 risky questions

08/04/2009
Job discrimination claims are running at record-high levels in the past two years. Way too many problems start when hiring managers ask the wrong questions during job interviews. Here’s how to ask five key questions without risking a hiring discrimination charge. (Plus 16 questions no one should ever ask.)

The best managers are the best listeners: 4 steps

07/28/2009

Here are four ways managers can make sure they really hear what their employees are saying. The payoff: fewer costly mistakes, less wasted time and better quality and service. Feel free to pass this article along to your supervisors.

Small business employees’ morale went up during 2Q

07/27/2009

A survey of small business leaders performed by California-based TriNet Group says employee morale at small businesses was up or holding steady in the second quarter of 2009, according to 75% of respondents.

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.

State wage & hour inspector took $1.86 million in bribes

07/27/2009

Joseph Rivera, senior investigator for the New Jersey Department of Labor and Workforce Development’s Wage and Hour Division, pleaded guilty in a Camden courtroom to taking $1.86 million in bribes from temporary labor firms …

A matter of policy: Doing 4 things right helps win lawsuits

07/27/2009

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.