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Employee Relations

Penalize the worst of the worst more harshly

07/13/2009

There’s good news if you use objective and measurable productivity and goal targets to determine whether employees will receive promotions and pay increases. You can distinguish between degrees of failure to meet those goals.

Firing harasser is necessary, even if long-ago age comment could spark lawsuit

07/08/2009

Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.

Instant response to harassment complaint cuts liability risk

07/08/2009

Here’s another reason to act fast when an employee says a co-worker has sexually harassed her: Employers that act quickly seldom lose sexual harassment lawsuits if their action stops the harassment.

Discipline a day after complaint? See you in court

07/08/2009

Here’s a good reason to be careful about disciplining employees right after they complain about possible discrimination: A court may view the timing as so suspicious that it won’t  toss out the case early. Then it will be up to you to prove the complaint and discipline weren’t related.

‘Get real’ with job reviews; don’t fluff them up

07/08/2009

You and the supervisors at your organization have read horror stories of negative performance reviews spawning lawsuits from disgruntled employees. As a result, some supervisors may shy away from rating someone lower than his or her colleagues. That fear is one main reason too many reviews are positive even if performance is average or poor. The better thing to do is to urge your supervisors to “get real” with reviews.

Don’t rush to judge accommodation requests; ADA requires interactive give-and-take

07/08/2009

Employees who qualify as “disabled” under the ADA have the right to reasonable accommodations to allow them to perform the essential functions of their jobs. But choosing those accommodations requires an “interactive process” between employer and employee. Employers that rush to judgment about the alleged disability or the accommodation request will risk legal trouble.

3M wins class-action decertification—for now

07/08/2009

The Minnesota Court of Appeals has decertified a class-action lawsuit brought by 4,900 current and former Minnesota employees of 3M. The suit alleged that company policies, seemingly neutral, actually had a disparate impact on older workers.

Congratulations, you beat the EEOC! Just don’t expect to recover attorneys’ fees

07/08/2009

It’s one of the sad realities of today’s litigious world: Even when you win a lawsuit, you’re seldom able to recoup all your legal fees unless you win big. That’s true even if your opponent is the EEOC and it’s clear it didn’t have much of a case to begin with.

Energy cooperative convenes Best Place to Work committee

07/06/2009

When Flint Energies President Bob Ray Jr. wanted to move his Georgia electric cooperative closer to becoming eligible for some of the “best companies” lists, he turned the task over to his 200 employees. He identified an “emerging leader” within the ranks to chair and appoint a 10-employee Best Place to Work Committee …

12 tips to help employees handle the stress of tough times

07/06/2009

Layoffs, pay cuts and an uncertain economy have left many organizations with fewer employees to do the work—often for the same or less money. Not all of those employees are handling it well. Here are a dozen ways you can deal with economy-induced employee stress and help your employees focus on their work: