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HR Management

When is an employer liable for an employee’s discriminatory comments?

06/01/2007

In April 2007, radio talk show host Don Imus made racially disparaging remarks about the Rutgers women’s basketball team on the “Imus in the Morning” show. The Imus experience serves as a high-profile example of how discriminatory comments can have serious consequences when made in an employment setting …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

Vice president says he was fired for passing the CEO’s joint

06/01/2007

A former executive vice president of Roscom Inc., a Croydon-based manufacturer and distributor of polyvinyl chloride products, alleges he was fired for refusing to smoke marijuana with CEO Nick Lynch …

Returning company property

06/01/2007

Q. Our employee handbook states: “If you do not return a piece of property, we will withhold from your final paycheck the cost of replacing that piece of property.” One of our employees recently quit on the spot. The employee was given a termination letter that cited the employee handbook section on unreturned property. He admitted he could not find his handbook—even accused management of having it. My boss wants to almost double the actual replacement cost of the item and call it “staff time spent getting the item.” Can we do this?

Use workers’ compensation policy checklist to avoid retaliation lawsuits

06/01/2007

Texas, like many states, makes it illegal to retaliate against employees who file workers’ compensation claims. To avoid such a lawsuit, make sure managers and supervisors treat injured workers fairly …

If you don’t have a policy, you don’t have a defense

06/01/2007

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages …

You can enforce a reasonable dress code

06/01/2007
Have your employees lost a sense of appropriate workplace attire? If so, remember that you can enforce a reasonable dress code. Just stay clear of banning religious dress that doesn’t pose a safety hazard—that might amount to religious discrimination. On the other hand, you don’t have to allow the same employee to sport the religious (and other) symbols of multiple faiths …

Clarify employee’s leave status the easy way: Jusk ask

06/01/2007

If your organization has a strict attendance policy, you naturally want to make sure you don’t miscount FMLA absences in the tally, or you risk an interference-with-leave lawsuit. But how are you supposed to know whether an absence is for an FMLA reason? If the employee never gives a reason for an absence or simply says he or she is sick, that’s not enough to require further inquiry on your part …

‘Deficiencies at all levels’ blamed in 2005 BP refinery explosion

06/01/2007

The U.S. Chemical Safety and Hazard Investigation Board issued its final report on the March 2005 Texas refinery explosion and fire that killed 15 workers and injured 180. The report details the safety lapses that led to the explosion and fire, which occurred at BP North America’s Texas City refinery …

Workplace safety tip: Don’t use employees as tie-Downs

06/01/2007

Two Fort Worth construction workers found out the hard way that sitting on plywood in the back of a moving pickup truck won’t keep the plywood from flying away …