Policies / Handbooks

Failure to follow reporting procedures can justify firing—even if boss should have acted

06/26/2018

If an employer has a process in place for reporting wrongdoing that includes bypassing one’s supervisor when necessary, employees who don’t take that step can’t aviod punishment by blaming the supervisor. That’s not a justified excuse.

Review handbook for at-will conflicts

06/12/2018

If an employee has a contract with his employer that specifically limits his discharge, then at-will employment does not apply. This situation can get tricky if your employee handbook lacks a contract disclaimer or contains language that seems to limit your right to fire employees.

Snapshot: Big business makes progress on LGBT issues

06/12/2018

An overwhelming majority of Fortune 500 corporations prohibit discrimination on the basis of lesbian, gay, bisexual and transgender status.

Did Starbucks fail at communicating policy?

05/17/2018

It’s likely that the Starbucks incidents reveal some form of discriminatory animus on the part of individual employees. But from a management and HR perspective, there is another layer.

Rule requiring employees to speak only English at work may be race discrimination

05/07/2018

Take note if you have rules against speaking languages other than English at work: That could constitute race discrimination under Section 1981 of the Civil Rights Act of 1866.

Policy alone won’t fend off harassment suit

05/03/2018

You may think having a solid sexual harassment policy is all it takes to thwart a sexual harassment lawsuit. Not if the policy isn’t being followed!

Establish process for verifying employment

04/17/2018

Verification of employment requests are not difficult to process, but you do need a formal system for responding to them.

Feds’ rules for safeguarding sensitive info

04/12/2018

A Trump administration official’s frustration over confidentiality breaches has turned into useful advice that can benefit HR professionals who worry about disclosure of sensitive information.

OK to enforce no-moonlighting policy against employees who take FMLA leave

04/09/2018

Nothing in the FMLA specifically prohibits employees who take FMLA leave from moonlighting for another employer. But as long as employers clearly communicate it, it’s perfectly fine to enforce a no-moonlighting policy against any employee, including those who take FMLA leave.

Document details to show why discipline differed

04/03/2018

If you hand out different discipline for two employees who commit similar violations, make sure you document exactly why. That way, if you are later sued, you can explain the difference.