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HR Management

Employee showed up tattooed and pierced: Can we now implement a dress code?

08/26/2008
Q. We are a small “mom and pop” restaurant that promotes a family atmosphere. Recently, one of our waitresses got a tattoo on her forearm and an eyebrow piercing. We do not have a formal dress code, but generally we do not want our employees to display tattoos, and we prefer limiting visible piercings to two in each ear. Because we think the waitress’s appearance is inappropriate for our restaurant, we are considering implementing this policy through a written dress code that we will distribute to all employees. Is our planned dress code legal? …

Child porn from lawmaker’s PC leads to quick resignation

08/25/2008
Just a week after child pornography was found on his office computer, State Assemblyman Neil Cohen turned in a one-sentence resignation letter. A General Assembly staffer allegedly found a photo of a naked girl in Cohen’s Union Township office …

Employees win right to sue for employer post-Employment conduct

08/25/2008
Employers that think their liability ends when a terminated employee walks out the door better think again. A recent New Jersey case expanded employees’ rights to sue employers for post-termination nonemployment-related conduct. In the wake of the decision, courts may construe common employer acts as retaliation …

State troopers charge ‘Arbitrary, antiquated’ processes are biased

08/25/2008
Twenty-three black and Hispanic state troopers are suing the New Jersey State Police, alleging bias in promotions, training, special assignments and discipline. The lawsuit claims the department’s promotion system is “an arbitrary, antiquated and subjective process that is skewed in favor of male Caucasians.”

What are the rules on recording an investigative conversation?

08/22/2008
Q. We need to investigate a claim of misconduct against an employee and will interview the employee in person or over the phone. May we record the conversation without telling the employee? …

Prepare for possible changes in employment eligibility verification

08/22/2008
Stories of immigration raids and heavy fines are as close as the nearest newspaper. But at the street level, North Carolina employers know they may be caught in the crossfire as federal and state governments increase efforts to weed out illegal and undocumented workers. Although federal law primarily governs immigration issues, North Carolina and some other states are considering implementing employment verification requirements of their own …

Violating any work rule can be just cause for termination

08/22/2008
Under N.C. General Statute § 126-35, North Carolina state government employees can be discharged only for “just cause,” a term the statute doesn’t clearly define. The vague language can make it difficult to terminate a state employee. But that’s not the case if a state agency has a clear set of rules, can show the employee knew about those rules and broke them anyway …

Keep daily injury logs to ensure legit workers’ comp claims

08/22/2008
Employees who hurt themselves at work sometimes wait weeks or even months before filing a workers’ compensation claim. What at first seems like a relatively harmless injury can flare into a debilitating condition months later. Such late claims put employers at a serious disadvantage …

Track which employees have access to hazardous areas

08/22/2008
If your organization manufactures products, your employees probably come in contact with hazardous chemicals or solvents from time to time. Of course, you follow OSHA guidelines and make sure employees on the production line use adequate protective gear. But what if an employee who works in the front office decides her lung or other health problems are work related and files for workers’ compensation? … 

Tell bosses: Don’t voice anger about discrimination complaint

08/22/2008
Want to create an instant retaliation claim after an employee says she lost out on a promotion because of discrimination? Just let a supervisor or manager react angrily to the accusation. It’s dangerous for managers to make any negative comments in the wake of what an employee says was discrimination. Bosses must learn to hold their tongues …