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Employee Relations

Proven way to win shaky bias suits: Be specific about reasons for discharge

01/27/2009

Discharged employees who sue over alleged discrimination often must prove that the reason their employers gave for firing them was really a cover for discrimination. If you’re very specific about your reason for terminating an employee, you’re likely to win these kinds of lawsuits.

Former Gloucester police chief jailed for theft from MADD

01/27/2009

Frank Winters, former police chief in Gloucester County, has been sentenced to seven years in jail for stealing money from Mothers Against Drunk Drivers (MADD).

Use job ratings to counter disability claims

01/27/2009

Here’s another reason why it’s so important to continually document employee performance. If an employee who quits later says she did so because you didn’t accommodate her disability, you may be able to show that she could in fact do her job without accommodations.

Stick with objective assessments to ensure your processes aren’t swayed by bias

01/27/2009

Assessing employee performance or potential using subjective measures is one of the fastest ways to wind up in court. Employers that stick with objective, carefully tailored assessments are much less likely to lose bias lawsuits because there’s little chance for hidden bias to creep into the process.

Understand the North Carolina Persons with Disabilities Protection Act

01/27/2009

North Carolina law has long protected disabled North Carolinians from discrimination. The North Carolina Persons with Disabilities Protection Act was originally called the Handicapped Persons Protection Act and became law in 1985. The act is broad in scope, and many of its protections apply directly to employment matters.

Boss makes employee sick? That’s no disability

01/27/2009

If every employee who got depressed or anxious after receiving a poor performance review or trying to satisfy a demanding boss could sue, the courts would have little time for anything else. That may be one reason that courts have been rejecting ADA cases based on stress and anxiety brought on by work conditions.

Can you discipline workers for their raunchy Facebook postings?

01/21/2009

The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. Here’s a recent example, plus five tips to help you avoid legal trouble …

Tell victims how to report future harassment

01/16/2009

Here’s how to end a co-worker sexual harassment case when your organization decides not to discharge the alleged harasser.

Don’t just be a boss–be a mentor: 4 easy steps

01/13/2009
The best managers aren’t just the ones who can extract the most productivity from their people, but the ones who produce great future managers.  How can you be sure that your best people will someday be top-notch leaders themselves?

Not a union employer? Proposed EFCA could soon change that

01/13/2009

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.