Retaliation

Any problem firing employee who wants her exempt classification changed?

08/07/2009

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

You don’t have to accept employee’s offer to submit to a lie detector test

08/04/2009

An employee facing discipline may bristle if you choose to believe someone else’s version of what happened instead of his own. He may even offer to take a lie detector test to prove what he’s saying is true. You don’t have to accept that offer.

Retaliation alert! Beware timing when acting against worker who files EEOC complaint

08/04/2009

Here’s a reason to slow down and act deliberately when disciplining an employee who has filed an EEOC complaint: A court has concluded that coincidental timing alone can be enough to keep a case alive. That’s true even if it turns out that all the accusations in the EEOC complaint turn out to be unfounded.

Employee filed EEOC suit? Stifle your anger

07/24/2009

Just heard an employee has filed an EEOC complaint against your company? Whatever you do, don’t lash out in anger! It’s one of the worst things you can do. Raising your voice, making threats or otherwise showing your displeasure are surefire recipes for more litigation.

You don’t have to be a mind reader! Make employees follow promotion procedures

07/20/2009

Employees who want promotions or transfers have to request them using whatever method the employer sets. They can’t just casually express their desire for the job.

Handle accuser with care in whistle-blowing cases

07/20/2009

Illinois law doesn’t allow employers to fire employees for reporting wrongdoing that compromises public policy. What that means is open to interpretation …

Tell bosses: Work sexual harassment rules apply to other business relationships, too

07/17/2009

Warn your supervisors and managers: If they sexually harass business associates who aren’t your employees, those associates can sue for sexual harassment, too. The harassment has to meet the same standards as in the employment setting.

Use ‘fresh-start’ policy to cut retaliation risk

07/17/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

HR CSI: How to conduct a post-mortem of a legal claim

07/14/2009

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim.

Institute strict ‘no race talk’ policy to help minimize harassment claims

07/13/2009

For years, employers have grappled with what constitutes a hostile work environment and what does not. There’s a way to end pointless arguments about whether speech or conduct is racially offensive—and prevent potential problems down the line. Implement a policy that clearly bans race banter.