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Employee Relations

Workplace violence: Keep staff safe the legally smart way

10/01/2007

Employers are legally obligated to maintain a safe work environment. When employees commit violent acts against co-workers or customers, employers can be held responsible through negligent-hiring and supervision lawsuits. Each year, roughly 1,000 people are workplace homicide victims. And research shows that killings are five to seven times more likely to occur at workplaces where guns are allowed …

Attendance discipline needs care if employee qualifies for FMLA leave

10/01/2007

Q. An employee of ours has attendance problems. Before we could counsel her on the attendance problems, she was approved for intermittent FMLA to care for her elderly mother. While she has taken FMLA days for her mother, she also continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA? …

Investigating suspected employee theft

10/01/2007

Q. I think one of our employees is stealing. What are the proper steps to take to handle this situation? …

If new job stinks, requested transfer can be retaliation

10/01/2007

When an employee requests a transfer after complaining about alleged harassment, don’t jump at the opportunity—only to place him in an unpleasant new environment. Merely honoring a request to be moved isn’t a defense against a retaliation claim. That’s true even if you provide the same pay and don’t change benefits, seniority or any other aspect of the employment relationship …

Document good faith when disciplining for rule violation

10/01/2007

Employees who sue for sex or other forms of discrimination under the Texas Commission on Human Rights Act often claim their employer based discharge or other punishment on trumped-up charges. Employers can win these cases if they have good records showing their actions were reasonable and “in good faith” …

You can pro-Rate bonuses based on FMLA leave time

10/01/2007

Does your organization offer a bonus plan that rewards workers for their productivity? If so, be sure to avoid a surprisingly common mistake that’s tripped up many Indiana employers: incorrectly structuring the bonus plan—or making deductions from bonuses—in a way that violates the FMLA. A new Indiana court ruling shows how an organization can legally pro-rate an employee’s bonus …

Pay raises to stay flat in ’08 while bonus plans take off

10/01/2007

If you’re holding the line on pay raises, you’re in good company. Three new surveys agree that most employers will raise salaries between 3.8% and 3.9% for the second year in a row in 2008, halting a steady upward trend in pay raises that began in 2004 …

Unintended consequences: Co-Pays up, productivity down

10/01/2007

If your employees have to shell out for co-pays that they believe are too high, they might opt not to buy their medicine or even seek treatment, even for major health ailments. That can be a problem for your organization because sick employees are not productive …

Fed HR reps don’t like the government’s pay system

10/01/2007

One-third of the federal government’s chief human capital officers say their employer should replace its general schedule pay system with pay for performance …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …