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HR Management

Must we provide access to an employee’s personnel file?

11/01/2007

Q. Recently, an employee was involved in a nonwork-related car accident. The employee’s attorney sent the company an authorization letter demanding that we provide the employee’s personnel file in 20 days. It seems the attorney needs the information for a potential lawsuit (unrelated to the company) concerning the accident. Do we have to turn over the personnel file? …

Warn managers: When attitude’s the problem, document

11/01/2007

Every now and then, you hire a dud. Someone who looks like he has the skills you need comes with an attitude, too. And the employees he’s supposed to inspire and lead wind up rebelling. You know it’s time to cut him. Before you do, start documenting the problems. Be specific. Nebulous complaints about “bad attitude” and “poor ability to get along with subordinates” can look like empty excuses to discriminate …

Good and accurate records key to winning lawsuits early

11/01/2007

The sooner you resolve lawsuits, the better. That’s why it’s important to anticipate problems and plan for them. Take, for example, employee records. If you can easily produce statistical information on the race, sex, age or other protected characteristics of your employees, you often can persuade an attorney fishing for a lawsuit that the waters are empty.

Illinois bucks feds on electronic employee verification

11/01/2007

The Illinois legislature sent a shot across the bow of the U.S. Department of Homeland Security (DHS) in August. It passed a law that forbids state employers from using the feds’ electronic E-Verify system to confirm employees’ eligibility to work unless the government can prove the system provides accurate and timely employee information 99% of the time …

Insist employees follow to the letter Michigan Employee Right to Know Act terms

11/01/2007

Michigan employees are entitled to look at their personnel files, and the Michigan Employee Right to Know Act sets out the procedure and penalties for employers that don’t allow access. Employees can sue for attorneys’ fees if their employers refuse access, provided they follow the rules. As the following case shows, courts take that requirement literally …

Correcting I-9 mistakes four years after the fact

11/01/2007

Q. We recently discovered a stack of I-9s dating back to 2002. The forms were signed by the employees and include copies of the employees’ driver’s licenses and Social Security cards. Unfortunately, a company official never signed the I-9s. Can we sign the forms and backdate them to 2002? If not, what should we do? …

Well-Publicized policy prevents harassment, lawsuits

11/01/2007

Having a clear, comprehensive and responsive harassment policy in place—and advertising its existence—is the best way to prevent a hostile work environment. Not coincidentally, that’s also the best way to avoid legal trouble. Not only can a policy prevent harassment by letting everyone know what’s unacceptable, but it also ensures employees who believe they have been victims of harassment can’t claim ignorance of the available remedies …

Fired Co-op City worker makes good on threat to kill boss

11/01/2007

Over the years, the RiverBay Corporation disciplined Co-op City porter Paulino Valenzuela for drinking beer on the job, cursing and threatening to kill his supervisor, Audley Bent. Finally the company, which manages the Bronx housing complex, fired him. On Aug. 30, Valenzuela made good on his threats …

Law 101: Anti-Harassment training for managers, supervisors

11/01/2007

Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker …

Is office gambling a legal bet?

11/01/2007

Q. A senior vice president in our company wants to run a Super Bowl pool. A few of us are nervous about conducting office pools involving money. We don’t expect the company will profit from such a pool, although the individual vice president could win the pool. Are office pools like these legal in New York? …