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HR Management

How far can MDCR investigation go?

07/11/2008
Q. Our company is responding to a charge filed with the Michigan Department of Civil Rights (MDCR). The allegation relates to management’s treatment of one employee. However, during the investigation, the MDCR  asked us to produce various unrelated records—for example, promotion records. The charging party has made no claim that he was discriminated against with respect to any promotion. He has never even sought a promotion. How should we respond to this request? …

Is intermittent leave for childbirth OK? Only if you agree

07/11/2008
Here’s an uncommon FMLA question: Can a new father or mother return to work part time, taking intermittent FMLA leave? The surprising answer is no—unless the employer OKs it …

Consult attorney on union contract—Because every word counts

07/11/2008
If your organization just became a union shop, chances are you will soon be knee-deep in contract negotiations. Before you sit down and begin drafting language you think is reasonable, consider this: From now on, interpretation of workplace rules will probably be out of your hands and will rest with an arbitrator …

Investigate harassment even if employee complains belatedly

07/11/2008
What happens if an employee has tolerated mild harassment for years without complaining and then the behavior escalates? If the employee stops work, takes disability leave and then files a sexual harassment complaint, what should you do? …

Strong privacy policy can curtail rifling through files

07/11/2008
Employees who are involved in employment disputes often think they can simply gather up any evidence they find lying about and turn it over to their lawyers. Smart employers try to limit the damage that revealing such confidential information may bring by holding all employees to reasonable privacy and confidentiality rules …

How to help employees accept change in the workplace: It’s all about the 4 C’s

07/09/2008

Make suggested ADA accommodation offer in writing

07/09/2008
Under the ADA, disabled employees are entitled to reasonable accommodations that enable them to perform the essential functions of their jobs. And employers are required to engage in what the law calls “an interactive process” to determine what accommodations may be possible. But “interactive” doesn’t imply you should approach the process casually …

Kansas Court of Appeals enforces covenant not to compete against physician

07/09/2008
In a case that’s good news for Kansas employers, the Kansas Court of Appeals reversed a lower court involving a restrictive covenant. The appeals court found that the noncompete agreement’s three-year term and liquidated damages provisions were enforceable.

Metropolis kicks butts

07/09/2008
The city of Metropolis—Illinois’ adopted home of Superman—has offered to pay its employees $1,000 each if they can give up smoking for one year …

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …