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HR Management

Keep careful records so you can show why you punished similar behavior differently

06/01/2010

Employers sometimes think that if they have a broad workplace rule in place, they have to punish everyone who breaks that rule exactly the same way. That’s not necessarily true. The key is to make sure you can document why one employee deserved a more severe punishment than another. Two cases illustrate how to go about individualizing punishment:

Unexpected bias worry: denial of training

05/28/2010

Remind bosses that everyone who is qualified for training should have access to development opportunities, and that hand-selecting subordinates to attend training can be discrimination. Note: Be sure they understand that older employees are also entitled to training—even if it seems reasonable that they may quit or retire soon.

The absent-minded employee: How to get absenteeism under control … legally

05/28/2010
The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. The best way to combat the problem is with a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Warn bosses: E-mail is smoking-gun evidence

05/27/2010

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

How liable are we for an employee’s accident that occurred while he was on the phone?

05/26/2010
Q. One of our managers was talking on his company cell phone while driving when he struck and injured a pedestrian. Can the pedestrian sue the company?

What factors should I consider before firing a new employee for excessive absences?

05/26/2010
Q. We have a new administrative employee in our medical office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is a shambles. Can I put her on written warning for excessive absences? Can I terminate her?

Don’t rely on software alone to determine employee’s FMLA eligibility

05/26/2010

Many employers use software to track FMLA eligibility. Most of the time that works fine. But if you decide to terminate an employee because the software told you she wasn’t eligible for FMLA leave, double-check the calculation first. If you confirm she hasn’t worked a total of 52 weeks, you can terminate her.

7 elements of a social media policy that limits your liability

05/26/2010

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.

Include contract disclaimers in your handbook

05/26/2010

If, like most employers, you use an employee handbook to manage the workplace, remember that you must ensure that employees understand that the handbook is not a contract. Do that by clearly stating that employment is at-will and that employees can be fired for any reason or no reason.

Back-to-basics manager: Good for the bottom line

05/26/2010

If you want your organization’s employees to work more productively, pay more attention to them. During the economic crisis of 2009, the most effective business strategy turned out to be increased supervision and management of employees. Research by RainmakerThinking shows that organizations that combined three effective strategies during the recession had better financial results than others: