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Employee Relations

Make solid case for axing good but toxic worker

03/20/2009

Sometimes, an employee is so disruptive that it doesn’t matter how well she is performing her job. Constant arguments, tension and other elements of a personality conflict can poison the work environment and drag down other employees’ performance. She’s got to go!

Lawyer fired for appraisal sues for wrongful discharge

03/20/2009

A former lawyer at Skadden Arps Slate Meagher & Flom LLP has filed a lawsuit against the law firm for terminating his employment after he wrote a performance evaluation that criticized another associate and partner.

Crack down on association discrimination—especially if there are threats of violence

03/18/2009

Employers, beware: More employees are suing over so-called association discrimination, claiming their friendships or other relationships with black employees have resulted in discrimination against them, in addition to their acquaintances. Recently, the 6th Circuit came up with guidelines for when employees can sue based on their relationships with black employees.

Counter discrimination charges by seeking information from all witnesses

03/18/2009

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

What’s scope of sexual harassment investigation?

03/18/2009

Q. We are looking into an allegation of sexual harassment. According to the alleged victim, after she came forward, other employees began telling her they had similar problems with the alleged harasser. None of those incidents was ever reported. Must we expand our investigation to include the unreported incidents? Where do we draw the line?

10 tips on setting goals for others

03/17/2009

Ask employees to focus on razor-thin, challenging targets, and they might fail or do something unethical. Managers can avoid those unintended consequences by using this 10-point checklist when setting goals for others.

Assign HR staffer to monitor and update employees’ ADA accommodations

03/13/2009

Don’t think it’s the end of the story once you have offered an ADA accommodation to a disabled employee and put it in place. Disabilities change, equipment fails and technology improves, making the accommodations process a continual one. Here’s what you risk if you make an accommodation and walk away without ensuring the accommodation actually works.

Set up employee complaint hotline to flag managerial abuses—and stop lawsuits

03/13/2009

All too often, low-level managers and supervisors cause misunderstandings that could have been avoided. Of course, training on company processes, anti-discrimination or anti-harassment policies and so forth can prevent many workplace problems. As a backup plan, make sure you have a way for employees to quickly notify HR about any problems.

Your FMLA obligation ends with forms and notice

03/12/2009

Employers have to let their employees know about the FMLA so they can take advantage of the leave guaranteed by the law. But if an employee doesn’t take advantage of his FMLA rights, the employer can’t be held liable for not providing leave even if it turns out the employee was eligible.

Unions at your doorstep: The ABCs of EFCA … and how to respond

03/11/2009

Let the battle begin. On March 10, The Employee Free Choice Act, commonly referred to as the “card check” bill, was introduced in Congress. It’s the top legislative priority of labor unions. If passed, EFCA would streamline the process of union organizing, tilting it substantially in favor of workplace unionization. Union-free employers should consider acting now to keep their operations union-free. Here are the action steps to take today …