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HR Management

Formal contract not necessary for employee to bring wage claim under IWPCA

12/11/2008

Under the Illinois Wage Payment and Collection Act, employees can sue their employers if they believe they are owed money, including promised commissions and the like. The law doesn’t require that the money owed be promised in a binding, written contract.

Coal mine strikes back at MSHA

12/11/2008

The American Coal Company has filed a lawsuit against the federal Mine Safety and Health Administration (MSHA), claiming that recent inspections at its Galatia Mining Complex violated federal law and MSHA’s own regulations.

Act fast to handle initial harassment claims

12/09/2008

The HR office is often the first stop an employee makes before filing a lawsuit alleging supervisor harassment. How you handle the initial complaint can mean the difference between stopping a problem before it gets out of hand and losing a lawsuit.

Job applications: What can you ask? How long should you retain them?

12/09/2008

No federal or state law requires employers to use job applications. But if you do require applicants to fill them out, know the legal do’s and don’ts of what questions to ask. Here’s the topic-by-topic guidance you need, along with relevant records-retention rules.

‘Sunshine Troublemaker’ puts heat on school districts

12/09/2008

Encouraged by a victory in Polk County Circuit Court, Lakeland resident and public-records gadfly Joel Chandler submitted public records requests to the state’s 67 school districts demanding the names, addresses, ages and telephone numbers of every person covered by the districts’ health insurance plans.

Log all discipline, track it by type & offense

12/09/2008

It goes without saying that you should enforce your rules fairly. That’s why you must track every disciplinary action and make a clear record of why each employee earned his discipline. Later, when one of those employees claims the real reason he was fired was due to age, sex or some other protected classification, you can show that wasn’t the case.

Follow up on every harassment complaint

12/09/2008

The best way to prevent a lawsuit is to promptly respond to every harassment complaint you receive from employees. Conduct a thorough investigation, reach a conclusion and document that you followed up and found no further problems. Be especially sure to show how you counseled or disciplined the harasser…

It’s OK to ban prescription drugs if you have genuine safety concerns

12/09/2008

Employees who take certain prescription drugs for legitimate medical conditions may be unable to work safely if their jobs involve heavy machinery, split-second judgment or the ability to remain alert. If that’s the case, it’s not disability discrimination to ban employees from working while on those medications.

Stop ‘who said what’ lawsuits: Draft policy disavowing oral pay agreements

12/09/2008

Oral agreements concerning compensation and bonus payments can be enforced in court, and that can lead to tricky “who said what” legal problems. Those are problems you can easily prevent with the help of good legal counsel.

With flu season approaching, can we force employees to stay home from work?

12/09/2008

Q. Flu season is coming and we are concerned. If employees have the flu or show flu symptoms, can we require them to stay home long enough to make sure they are no longer contagious? Would we have to pay them for time away?