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Employee Relations

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?

Can we discipline an employee for his postings on a social networking site?

04/28/2008
Q. A female sales representative submitted a harassment complaint to HR about comments posted by one of her co-workers on MySpace. Our company’s Internet policy addresses only use of the Internet and personal e-mail in the office. Can we discipline the employee? …

Do you discipline for age-Related remarks? You should

04/25/2008
A supervisor who makes rude or obnoxious comments about his subordinates’ ages might wind up causing an age discrimination lawsuit. That’s one reason you should take seriously all complaints about inappropriate comments—and discipline supervisors who think age is something to joke about …

7 steps for conducting effective workplace investigations

04/25/2008
Inevitably, your organization will have to conduct a workplace investigation. It may be because an employee has alleged discrimination, or perhaps someone has stolen something. Whatever the reason, an investigation is in order—and you have to get it right. An inadequate investigation can do more harm than good …

How can we recover funds accidentally overpaid to an employee?

04/25/2008
Q. We recently overpaid an employee by $3,000, but we did not discover the discrepancy for six months. Can we automatically and legitimately withhold those wages from the employee’s paycheck? Also, would it be inappropriate to dock additional wages because the employee did not make us aware of the mistake?  …

Handling a worker who clocks in early

04/25/2008

Q. We’ve repeatedly warned a part-time employee about clocking in earlier than he’s supposed to—sometimes more than an hour early. We know that we have to pay him for any hours worked, but what can we legally do to get him to work only the hours set for his position? Also, can we reprimand a co-worker who has been clocking in for him? …

The value of job descriptions—Even following termination

04/25/2008
Q. How serious is it if an employer doesn’t have written job descriptions in place? Is it safe to draft them even after a termination that could result in a lawsuit? …

Help employees accept inevitable change

04/24/2008
Employees are constantly facing changes to their work environment. Supervisors who are able to understand the impact of those changes on their employees—and are able to help them through those unsteady times—will earn their employees’ trust and loyalty.

Does your workplace need an employee civility code?

04/24/2008
If it seems like you’re hearing more vulgar words and behavior spewing forth from employees these days, you’re not alone. It may be time to draft a simple employee civility policy or code of conduct that is separate from your harassment policy. Such a policy gives you more legal leverage to discipline employees who are equal-opportunity verbal abusers. It could protect you if you’re ever sued …

Paper evaluations? Switch to software to limit subjectivity

04/24/2008
There’s no such thing as a completely objective performance evaluation. It’s impossible to totally eliminate manager subjectivity. That can become a legal problem when, for example, a poorly rated employee is promoted over a minority. Increased subjectivity is one of the main reasons employers should consider turning to performance evaluation software …