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Employee Relations

Cut your risk! Have HR make firing decisions

12/11/2008

Here’s another good reason to insist that HR handle all terminations: It’s much harder for employees to sue the company for its supervisors’ alleged harassment or discrimination if the HR office has primary responsibility for discharge decisions. Here’s why …

Don’t consider FMLA absences when firing

12/11/2008

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.

Good news for state supervisors: Immunity means no tort lawsuits

12/11/2008

If you are a supervisor working for an Illinois state agency, there’s a bit of good news on the lawsuit front. You can’t be personally sued by an employee for exercising your supervisory functions, even if she claims your supervision amounted to intentional infliction of emotional distress.

Legal drug, legal drug test … and a legal mess for the employer

12/11/2008

Employers routinely require applicants to whom they have extended job offers to take tests for illegal drugs. If they pass, they get the jobs. If they don’t, employers can legally rescind the offers. But here’s a case in which an employer completely mishandled this everyday procedure, and now will probably pay a high price.

What should we do about employee’s bright solution to seasonal affective disorder

12/09/2008

Q. With the change in the seasons, an employee who claims to suffer from seasonal affective disorder wants to put up a special lighting fixture by her desk that she says will provide natural-spectrum light. Some employees complained last year when she put up this light that it was bothersome and distracting to them. Do we have to let the employee use the light? What do we tell other employees?

Communicating during tough times: 7 common employee gripes (and how to respond)

12/09/2008

The global financial meltdown has workers fearful and downright angry. If you plan on surviving the recession, your managers must acknowledge the fear and anger employees may feel. Don’t let these seven gripes pollute your workplace.

Understand, prepare to follow the new revised FMLA regulations

12/09/2008

The long-awaited revised and updated final rules of the U.S. Department of Labor interpreting the FMLA will go into effect on Jan.16. HR specialists should read the new regulations and then review them with an employment attorney. Also, they should promptly develop special training on new rules and procedures for supervisors and employees alike.

Act fast to handle initial harassment claims

12/09/2008

The HR office is often the first stop an employee makes before filing a lawsuit alleging supervisor harassment. How you handle the initial complaint can mean the difference between stopping a problem before it gets out of hand and losing a lawsuit.

FSU athletics tutor sues for defamation

12/09/2008

Brenda Monk, a former learning specialist for Florida State University (FSU), has announced plans to file a $600,000 lawsuit for defamation following allegations that she provided test answers to FSU football players and other athletes she was tutoring.

Follow up on every harassment complaint

12/09/2008

The best way to prevent a lawsuit is to promptly respond to every harassment complaint you receive from employees. Conduct a thorough investigation, reach a conclusion and document that you followed up and found no further problems. Be especially sure to show how you counseled or disciplined the harasser…