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Employee Relations

Keep detailed records on disciplinary process

10/21/2008

Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age …

Video surveillance: If you can’t do it right, don’t do it

10/21/2008

Video surveillance can help catch employees who are abusing the system. For example, video of an employee cleaning the gutters while on FMLA leave may show he’s not sick. But before you conduct your own surveillance or hire someone to do so, here’s a simple tip …

Don’t fear investigation will mean defamation lawsuit

10/21/2008

When you conduct an internal investigation, other employees involved in the investigation are going to figure out what the allegations are. But you don’t have to worry about a defamation lawsuit following the investigation if you strive to keep the matter confidential …

Can I punish employees who miss work because they are witnesses in a trial?

10/21/2008

Q. Several employees have requested leave to be witnesses in an upcoming criminal trial. This is the busiest time of year for me. Can I discipline these employees in accordance with my absentee policy for missing work to attend this trial? If they know that’s what I plan to do, maybe they can avoid being witnesses.

Nix the nicknames or ‘Grandma’ will get even

10/17/2008

Every workplace has managers who love to hand out nicknames to employees and co-workers. It’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense …

State workers get inside tips on dealing with economic crunch

10/14/2008

State employees recently got free advice on how to manage their personal finances from none other than Florida’s Chief Financial Officer Alex Sink. She sponsored a series of “Lunch and Learn” seminars to help staffers cope with the tightening economy …

Fire away if severance demands are unreasonable

10/14/2008

Wise HR professionals understand that, before jumping the gun and firing an employee who has filed a complaint, a thorough investigation is in order. But that’s when many employees try to negotiate a severance package in exchange for a resignation. If the investigation and negotiations drag on, can you discharge the employee for making what you consider unreasonable demands? …

Workers committed same offense? Be sure to document why one got harsher penalty

10/14/2008

It’s critical for HR to back up every disciplinary decision with complete records showing exactly why an employee deserved his punishment. If a fired employee broke the same rule another employee did, those records better show you punished them equally—or explain why the punishment was different …

Retain right to nix discipline that might be retaliation

10/14/2008

Employees don’t have to win their discrimination claims to charge retaliation. That’s why it’s important for HR to stay on top of any disciplinary action aimed at an employee who has already complained about discrimination …

Firing OK if employee falsely claims harassment

10/14/2008

Not every sexual harassment complaint is legitimate. A thorough investigation may wind up showing that one of the parties is lying. Can you fire the presumed liar if he or she brought the complaint in the first place? The answer is a qualified “yes” …