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Policies / Handbooks

Does your discipline policy grant ‘one harassment free’?

07/24/2013
We all struggle with drafting policies. In the following case we learn that leaving certain words out of your disciplinary policy can be just as legally dangerous as putting the wrong words in. In this case, the employer’s discipline policy essentially allowed employees to engage in one act of sexual harassment without being terminated.

Set rules for promotion, insist on compliance

07/23/2013
Here’s a good reason to post all promotion opportunities and let employees know where they can learn about openings. Employees can’t sue over missed promotions if they never bother to apply—as long as it’s clear how the promotion process works.

Medical pot laws don’t prohibit drug testing

07/23/2013
You are free to tell employees they can be terminated for having marijuana in their systems and then randomly test for the substance. That’s true even if a doctor recommends that the employee use medical marijuana.

Whaddya bet a lawyer didn’t write these work rules?

07/23/2013

Amy’s Baking Company gained notoriety this spring when TV celebrity chef Gordon Ramsay simply gave up trying to turn around the struggling restaurant on his show. “I can’t help people who can’t help themselves,” Ramsay said after the owners rejected his suggestions for improving the business. Apparently, the owners did try to help themselves when they wrote the restaurant’s employee policies …

National origin, language & religion: Legally managing diversity at work

07/17/2013
To achieve compliance and prevent successful discrimination claims (which could involve class-action exposure), employers must be attuned to workplace issues around national origin, religion and race. For most employers, this means training management and HR personnel to carefully consider their policy-making and daily decisions that can affect such issues.

Back to school … with your office supplies?

07/12/2013
Anecdotal evidence points to a great migration of pens, pencils, binders, folders and other office supplies from America’s workplaces to America’s classrooms as summer break ends.

What darkness lurks inside your employee handbook?

07/11/2013
When was the last time you took a red pen to your em­­ployee handbook? One court recently warned you better fix the problems or your handbook could be held against you as “Exhibit A” in court …

Worker hinting at harassment? Provide policy

07/10/2013

You probably make sure all your employees have read your sexual harassment policy. That doesn’t mean they always follow it. If an employee is hinting that she’s being harassed, your best approach may be to hand her another copy and urge her to report any problems right away.

Add civility code to prevent avoidable lawsuits

07/09/2013
Do you have a comprehensive civility code? If not, consider adding one. A work environment contaminated by yelling, cursing and other uncivil behavior could lead to discrimination and retaliation lawsuits.

Can we ban moonlighting?

07/08/2013
Q. We have an employee who recently started working a second job. We currently don’t have a rule against moonlighting, but now he frequently comes in late and tired. It’s really affecting his work. Are we legally entitled to ban second jobs?