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Employee Relations

HR must step up as economy takes a tumble

11/10/2008

As the impact of the global economic crisis takes hold, a quarter of U.S. employers expect to make layoffs in the next 12 months—if they haven’t already done so. However, most companies are focusing on increased employee communication and smaller cost-saving measures.

Safety Harbor employee wins discrimination judgment

11/10/2008

A Tampa jury awarded $60,000 to Geno Baker, a former maintenance worker in the Safety Harbor Public Works Department, for race discrimination he suffered during his 14-year career with the department.

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.

Will we violate the ADA if we enforce our legitimate lifting restriction?

11/10/2008

Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?

Job sharing allows young parents to work half-time at Atlanta firm

11/10/2008

Recruiters and account managers can work half-time at Matrix Resources, an IT staffing firm in Atlanta. The organization created job-sharing teams several years ago, allowing two employees to share one job so each can work half-time.

New York increases layoff notice requirement to 90 days

11/07/2008

Gov. David Paterson has signed into law the State Worker Adjustment and Retraining Notification (WARN) Act, which increases employers’ obligations to notify workers of upcoming layoffs. The new state law is tougher on employers than the federal WARN Act.

Track all discipline to show unbiased process

11/07/2008

The key to a sound discipline policy is equal treatment for all who commit similar offenses. You can’t decide to treat some employees more leniently than others without very good reason. And you’d better nail down that reason at the time you make the decision—not months or years later, after another employee has sued.

Make it there, make it anywhere: Don’t let NYC’s tough bias rules beat you

11/07/2008

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

What should we do if an employee refuses to cooperate during an investigation?

11/07/2008

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

Missed lunch invitations, cramped office aren’t enough to warrant lawsuit

11/07/2008

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.