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Employee Relations

Third-Party harassment: The next frontier for New Jersey courts?

07/28/2008
New Jersey courts have long been in the forefront of employment discrimination law. The question is: How far will they go next? One likely path is to expand liability for sexual harassment committed by a nonemployee …

Survey on surveys: Act on what you learn

07/25/2008
Roughly 56% of U.S. companies conduct employee surveys, but nearly half fail to act on their employees’ suggestions, according to a survey by the Opinion Research Corporation …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

IT workers said the surfing was better at work

07/25/2008
Two employees at North Carolina Central University and one at North Carolina State University have been fired for downloading pornography. The workers also downloaded movies, music, games and software. One of the workers allowed a friend to use his university-owned computer to download music …

What to do when employee is caught stealing

07/25/2008
Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? …

No workers’ comp just because your job drives you crazy

07/25/2008
Any job can be stressful, but some employees claim their jobs literally are making them crazy. But does that mean that employees whose jobs drive them nuts have an occupational disease? If so, are they entitled to workers’ compensation benefits if they cannot work anymore? Those are some of questions the North Carolina Supreme Court considered in a recent landmark decision …

We fix machines, why not staff? 5 ways to retool employees

07/24/2008
All companies have a large investment—time and money—in their human capital. A company would never hesitate to fix a machine, repair a plant or improve a work site, so why not treat human assets the same way? The key to correcting performance problems is a collaborative effort between a supervisor and an employee. It’s not the responsibility of the HR department …

Workplace bullying by managers: Unpleasant, but is it illegal?

07/24/2008
According a recent Zogby International survey, 37% of U.S. workers report that they’ve been bullied at work. Not surprisingly, they say, the overwhelming majority (72%) of bullies are bosses. Workplace bullying is harassment that’s not necessarily based on an employee’s protected characteristic, such as gender or race. But, unlike harassment based on a protected class, bullying may not be illegal …

The 5 rules for documenting HR decision-making

07/24/2008

The best way to prevent lawsuits is to carefully document every employment decision. HR professionals and supervisors should be able to show exactly when a decision was made, who made it and what the basis for the decision was …