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Employment Law

Not all offensive conduct creates liability

08/03/2012
Some employees believe that any sexual comment equals sexual harassment. That’s not true, especially when it involves so-called same-sex harassment. While you shouldn’t ignore such conduct for morale and productivity reasons, rest assured that it generally won’t make your organization liable for a big jury award.

Do your employees know how and where to submit complaints?

08/03/2012
One of the only legally secure ways to protect your company from hostile work environment lawsuits is to provide clear steps for employees to complain. Then investigate the allegations. Make sure employees know how to raise concerns and whom to talk to.

Firing for theft? Well-founded suspicion enough to go on

08/02/2012
If you suspect an employee has been stealing, you can and should discipline him. You don’t need absolute and irrefutable proof. It’s enough that you reasonably believed he stole.

Heard sexual harassment complaint is coming? Immediately launch your investigation

08/02/2012

When HR receives a complaint about sexual or some other form of harassment, immediately put your investigation machinery in motion. Start gathering information before you even meet with the complaining employee. That way, you can’t be accused of ignoring the problem …

New guidebook helps you explain FMLA to employees

08/02/2012
The U.S. Department of Labor last month released the Employee’s Guide to the FMLA, a 16-page booklet describing employee rights and duties under the law.

Add credibility to investigation notes by having employees acknowledge their accuracy

08/01/2012

If you interview employees during the course of investigating alleged misconduct, make sure to take accurate notes. Then, before concluding the interview, have the employee read and sign the notes, attesting that they accurately reflect what was said. Don’t let the employee put off signing.

Court: Pregnancy plus slipshod discharge investigation doesn’t warrant negligence suit

08/01/2012
A federal court has refused to expand the ways an employee can sue for alleged pregnancy discrimination. Had the female plaintiff succeeded, the case might have opened the door to a runaway jury award.

Beware retaliation following internal bias investigation

08/01/2012
The 7th Circuit has held that employees who participate in employer internal investigations before administrative charges or lawsuits have been filed are not protected from retaliation. It’s different, however, after such charges have been filed.

Supreme Court to define ‘supervisor’ under Title VII

08/01/2012
The U.S. Supreme Court announced it will hear an important case next term on the definition of “supervisor” under Title VII harassment law. At issue: Whether the supervisor liability rule applies to employees who oversee and direct other’s daily work but have no formal authority to hire, fire, demote or promote.

Can we demand certification of violent employee’s alleged mental illness?

07/31/2012
Q. One of our employees physically threatened her co-workers. When confronted about the incident, the employee claimed that her behavior resulted from being bipolar. May we ask the employee to provide medical certification to prove that she is bipolar?