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Employment Law

Management Lessons From the Court

08/01/2004

Don’t open an employee’s’ personal mail If you know that a letter or package sent to that person at work is personal (not business related). A recent court ruling shows that you may be opening up a legal mess along with the letter …

You can land in trouble for trying to stop harassment

08/01/2004
Issue: Can you encourage employees to report on-the-job harassment from union organizers? Risk: Your efforts may be viewed as an illegal union-busting …

Wal-Mart bias case will give employees bad ideas

08/01/2004
Now would be a good time to review your organization’s hiring, firing, promotion and pay policies for any hint of gender-based differences. Reason: The big Wal-Mart sex discrimination lawsuit that hit …

High court gives ‘quitters’ new legal power

07/01/2004
Don’t make the mistake of assuming that your obligation to investigate a harassment complaint ends when the victimized employee quits.
Reason: The U.S. Supreme Court just ruled that employees who …

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …

Intentional bias can spur court to install applicant into job.

07/01/2004
A school district hired a man rather than Geraldine Fuhr as varsity boys head basketball coach. While the man had two years of experience, Fuhr had been the varsity girls head …

Check the validity of reasons behind a supervisor’s call for firing

07/01/2004
If you’re involved in termination decisions, don’t always take supervisors’ comments at face value. Consider doing your own investigation before taking action. Your goal is to independently verify the information you’re …

Stereotype about motherhood, by itself, can count as bias

07/01/2004
Remind managers never to base employment decisions on how they believe employees would act based on their gender, race, religion or disability. Make sure managers focus solely on the performance itself, …

Don’t let employees bully you into dictating their employment terms

07/01/2004
You don’t need to let an employee set a bad example by trying to force concessions from you that aren’t required in a collective-bargaining agreement or employment contract. Turn the tables …

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …