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Employee Relations

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” …

Whine not? Tell chronic complainer to just move on when latest allegation proves false

10/14/2008

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? …

Good records make it easy to justify discipline

10/14/2008

The Boy Scout motto, “Be prepared,” applies to employers, too. You simply never know when—or why—a fired employee will sue. But you don’t have much to worry about if you have processes in place to make sure each and every disciplinary decision is fair and rational …

Macy’s resolves English-only incident at Edina store

10/14/2008

Macy’s has rescinded a manager’s ad hoc English-only rule after six employees at the company’s Southdale Mall store in Edina complained to the Council on American-Islamic Relations (CAIR) of Minnesota. The workers said a manager allegedly threatened to fire them if they spoke “even one word” of Somali on the job …

DNR chief hits the trail

10/14/2008

Col. Mike Hamm, head of the Minnesota Department of Natural Resources (DNR) Enforcement Division, retired in September amid speculation that he was about to be fired …

Document why termination was justified when employee can’t handle promotion duties

10/14/2008

Sometimes, employees who do great at one job lay an egg when promoted up the org chart. When that happens, and you find you have to terminate the employee, be sure to document exactly what went wrong. Otherwise, the employee may sue, claiming some sort of discrimination …

The changing face of the ADA: Complying with the new amendments

10/14/2008

On Jan. 1, 2009, the newly enacted ADA Amendments Act of 2008 (ADAAA) will go into effect. The law clarifies the ADA definition of disability and overturns certain U.S. Supreme Court decisions and EEOC regulations that narrowly interpreted the ADA …