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Policies / Handbooks

Use outside investigator to build credibility

04/07/2009

Don’t hesitate to turn an investigation over to an expert from outside the organization when there is any doubt about fairness. Doing so may short-circuit a lawsuit. An independent investigator helps maintain the credibility of the investigation and might be able to spot well-hidden discrimination.

Juggling vacation, military and family leave under new FMLA regs

04/02/2009

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

Can we search employees? We suspect theft

04/02/2009

Q. We have noticed some of our inventory is missing, and we believe it might be leaving our facility via our employees. Can we search them and their belongings?

Banning smoking might not avoid liability

03/30/2009

If, like many employers, you have adopted a smoke-free workplace policy, you may think your organization won’t be liable if an employee lights up on the premises and starts a fire. Unfortunately, it’s not quite that simple. Your organization still could be liable if an employee’s careless smoking caused damage to another’s property.

BK hands over $85,000 after boss seeks sex from teen worker

03/30/2009

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.

Refer to the rule book: Hiring and promotion policies belong in your employee handbook

03/26/2009

Employers with a good employee handbook that explicitly sets out the rules for handling hiring, promotions and raises have a huge advantage if there’s ever a complaint that those processes have been unfairly applied. Clearly written policies are one great way to counter the “he told me” claims …

Don’t promise FMLA leave if you’re not required to comply

03/26/2009

In Pennsylvania, employers that make a promise that an employee reasonably relies on may be liable if that promise isn’t fulfilled and the employee suffers harm as a result. This quasi-contract theory has FMLA implications …

Could an offer letter compromise at-will employment?

03/26/2009

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable?

What should I do? My boss wants to make a change that goes against existing policy

03/26/2009

Q. I’m the HR director, and our discipline policy is very complicated and has several categories of offenses. It says that if employees commit offenses that may result in suspensions of more than three days, employees are allowed a pre-disciplinary counseling conference. My boss thinks we should skip that conference if the employee has already been counseled for a prior offense within the past 12 months. I’m concerned that this deviates from our policy. Can we do this?

Can we institute blanket ban on smoking on company property?

03/26/2009

Q. We run a carry-out/catering kitchen. Can we legally tell all our employees and customers that they can’t smoke on the property?