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Employee Relations

Firing workers who take FMLA leave? Do it carefully

03/01/2007

The federal FMLA and New Jersey’s Family Leave Act (NJFLA) both make it illegal to discipline or terminate employees because they take leave to care for a sick parent or child. But that doesn’t mean employees who take such leave are “untouchable” from discipline …

Cut your liability: Suspend and transfer harassers

03/01/2007

Let’s say you promptly investigated a sexual harassment claim and conclude that an employee engaged in conduct that offended sensitive employees but wasn’t outrageous. What do you do? If your aim is to stem a brewing problem, it pays to do more than issue a verbal warning …

Blocking employee’s exit could be false imprisonment

03/01/2007

Do the supervisors in your organization know how to handle potentially volatile employment discussions? If they don’t use kid gloves, they could be sued personally by employees for state torts such as false imprisonment and battery …


Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Allow accusers to bypass supervisor to file complaints

03/01/2007

A sexual harassment policy is worthless unless it clues in those who really need to know what’s going on at the shop level. Don’t think you’re in the clear just because you have a policy and tell supervisors to stamp out harassment …

Workplace rules can be flexible … if enforced fairly

03/01/2007

When it comes to creating workplace rules, don’t think you have to spell out every last detail. It’s OK to leave some rules intentionally vague, so you’ll have some wiggle room. Just be sure to exercise your discretion fairly …

Results, not hours, are focus of Best Buy clock-Smashing plan

03/01/2007

At Best Buy headquarters in Richfield, Minn., leaving work early doesn’t trigger a guilt trip for employees, as long as their work is finished. The Results-Only Work Environment (ROWE) initiative makes it possible …

You can suggest FMLA leave without triggering ADA liability

03/01/2007

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA …


Study: Workaholics hurt employers, family, self

03/01/2007

Workaholics, or people who work in “extreme jobs,” cost themselves, their families and their employers dearly, according to a new Center for Work-Life Policy study …

When are overweight employees considered ‘Disabled’?

03/01/2007

Is obesity a disability? Until recently, the answer has been “Fat chance!” But that may be changing. A recent ADA court ruling opens the door to some types of obesity being defined as disabilities …