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HR Management

Exonerated, gone anyway: You can independently assess misconduct

06/26/2009

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.

OK to punish complainer if you find wrongdoing

06/26/2009

Workplace investigations sometimes open a can of worms. What if, for example, you find out that an employee complaining about sexual harassment had engaged in wrongdoing, too? Even if the wrongdoing is related to the underlying sexual harassment complaint, you can and should punish the employee for that.

Use plain language on work documents so everyone can understand them

06/26/2009

Most companies employ a broad range of workers with varying backgrounds. Those who are well-educated will have no trouble reading and understanding an application or employee handbook. Others may have a harder time understanding what they are reading. Still others may not speak or read English. That’s why it’s important to use plain language when drafting any documents your employees need to read.

Are you ill prepared? 13 steps to stay ahead of the H1N1 virus

06/26/2009

In the wake of April’s worldwide H1N1 virus pandemic scare, now is the time to make sure your organization has an effective pandemic plan in place. Although this spring’s immediate threat seems to have abated, public health officials warn that the virus could re-emerge in the fall. There are 13 steps you can take to deal with H1N1:

How can we help prevent co-worker harassment from escalating into violence?

06/26/2009

Q. One of our employees is being harassed by a co-worker, and we are concerned it may get violent. What can we do about this?

Make sure managers report sexual harassment

06/26/2009

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

Don’t throw the book at fired employee–one good reason will suffice in court

06/23/2009

The more reasons you can dream up to fire an employee, the better. Right? Think again. Firing someone for one obvious rule violation will stand up better in court than a laundry list of petty transgressions …

Are Facebook postings private? Bosses and workers disagree

06/22/2009

Managers and employees have opposing views of privacy when it comes to employees’ off-duty postings on social networking sites, such as Twitter and Facebook. In a recent Deloitte survey, 60% of executives said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.

OSHA warns employers to beware using fraudulent trainers for safety programs

06/22/2009

OSHA has established new requirements for trainers to become authorized to teach safety training courses in construction and other industries. Some trainers, OSHA says, are fraudulently failing to provide the appropriate training.

Stick to your story: Don’t shift explanation for termination

06/22/2009

One of the most legally dangerous things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale at the time of the termination. Document that decision and all the supporting evidence. Then remind execs and supervisors to stay on script.