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Employee Relations

Unequal performance standards shout—not whisper—disability discrimination

04/09/2009

Treating disabled employees differently than others raises all kinds of red flags that disability discrimination may be afoot. For example, setting higher standards for disabled employees than you do for others is a surefire way to end up in front of a jury, as the following case shows.

Caution bosses against openly asking sensitive questions

04/07/2009
Remind managers who feel the need to ask employees sensitive questions to do so only in a private setting. Doing otherwise could trigger a defamation lawsuit.

Six steps for managing ‘difficult’ employees

04/07/2009
Major problems can erupt when supervisors have to manage people they just don’t get along with. Smart managers defuse that tension by focusing on tasks, projects and results—not personalities.

Use proactive process to stop little digs from adding up to hostile environment

04/07/2009

When it comes to a racially hostile environment, management must stay on top of the situation. As soon as anyone in HR or upper management gets even the slightest hint that hostile bias has reared its head on the front line, jump into action.

Can we dock a worker for not wearing a company shirt?

04/07/2009

Q. I own a construction company. We require all employees to wear a company shirt. If an employee does not wear a company shirt, he or she is assessed a $25 per day penalty, which is deducted from the next paycheck. Is this penalty legal?

Use outside investigator to build credibility

04/07/2009

Don’t hesitate to turn an investigation over to an expert from outside the organization when there is any doubt about fairness. Doing so may short-circuit a lawsuit. An independent investigator helps maintain the credibility of the investigation and might be able to spot well-hidden discrimination.

Courts to employees who bring meritless suits: Pay up!

04/07/2009

Nothing is more frustrating than having to spend time and money defending a frivolous lawsuit. But courts are becoming just as frustrated as employers, and are increasingly assessing costs against employees who lose their lawsuits. You can’t get your time back, but at least you can recover some of your money.

In wake of AIG debacle, 10 steps toward better bonuses

04/07/2009

Bonuses have gotten a bad name lately. But the howls of outrage that followed news of AIG execs’ huge retention bonuses shouldn’t sound the death knell of pay for performance. Here are 10 tips for making your bonus system work in today’s economy.

Beware last-ditch efforts to claim FMLA leave

04/07/2009

Sometimes, an employee whose job is in jeopardy will try to protect it by initiating a lawsuit intended to intimidate her employer. She may call in sick instead of showing up for a termination meeting, hoping to create an FMLA retaliation or interference claim. Here’s how to handle such tactics.

After AIG debacle, it’s time to review your bonus plan

04/07/2009

Bonuses have gotten a bad name lately. But the howls of outrage that followed news of AIG execs’ huge retention bonuses shouldn’t be the death knell of pay for performance. Here are 10 tips for making your bonus system work in today’s economy.