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Employment Law

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

New boss raises the bar? Give worker a chance to improve, discipline if she doesn’t

06/15/2012

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

7 ways to limit your social media liability

06/14/2012

Online social networking sites provide a variety of benefits to organizations. They can help you collect industry-based knowledge, reach new customers, build your brand and publicize your company’s name and reputation. But those benefits come with their fair share of legal risks. You need a comprehensive social media policy to guide employees on your expectations about their online behavior.

Be wary of hitting employee with sudden criticism after FMLA request

06/14/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has re­­quested FMLA leave and was previously performing well, be suspicious of claims that she’s now performing poorly.

Wage errors sparking more personal lawsuits

06/13/2012

Want to stop supervisors from allowing off-the-clock work or looking the other way when employees work unpaid overtime? Remind them that, unlike some other employment laws, the FLSA allows employees to sue supervisors (and HR professionals) personally—not just the organization itself.

Diversity initiatives: Watch the pitfalls

06/13/2012
Generally, it’s illegal to hire employees or make other employment decisions due to a worker’s race, sex or other classification, even when your goal is to create workplace diversity. Beware of common pitfalls in implementing diversity initiatives.

Federal law doesn’t cover misuse of trade secrets

06/12/2012
The federal Computer Fraud and Abuse Act (CFAA) doesn’t grant employers any legal recourse if an employee misuses information obtained from company computers, according to a recent federal court ruling.

OSHA seeks reinstatement of art school whistle-blower

06/11/2012
OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.

Twin Davie firms share 17 OSHA citations

06/11/2012
OSHA has cited Merlin Industries Inc. and Thermal Concepts Inc.—two Davie businesses owned by the same family and sharing the same address—for 17 safety violations, worth $59,100 in fines.