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Policies / Handbooks

Can we use personal e-mails we discovered to defend against former employee’s lawsuit?

05/11/2010
Q. After a recently terminated employee sued our company for discrimination, we undertook a forensic examination of her work-issued laptop. We found, saved in the cache of the web browser, e-mails she sent to her attorney from her web-based, personal and private e-mail account. Can we use these e-mails in the lawsuit?

Creating a drug-free workplace: How to draft a policy, conduct legal tests

05/11/2010

It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

12 manager mistakes that spark lawsuits

05/11/2010

Most lawsuits against employers don’t start with some outrageous injustice. More often, a simple management mistake or a perceived slight starts the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest mistakes managers make. They can all lead to litigation—and kill your credibility in court.

Policy alone isn’t enough: Take the next steps to stamp out harassment

05/10/2010

Sexual harassment cases aren’t going away. Employers that don’t take such harassment seriously put their companies in peril. It isn’t enough to come up with a policy. You must also train employees at every level about that policy and explain where harassment victims can go for help. Then you have to follow through and promptly investigate harassment claims. Finally, you must make sure your response is good enough to end the harassment.

5 tips to avoid this summer’s legal hazards

05/04/2010
Different seasons usher in different employment law risks. Employment law firm Fisher & Phillips offers this five-point to-do list to get ready for the coming summer months.

Tighten up your attendance policy or risk unemployment comp hit

05/04/2010

Here’s added incentive to have crystal-clear attendance policies: Employees who are terminated for violating unclear or confusing attendance rules may end up collecting unemployment compensation. Here’s why: In many states, former employees can successfully argue that they were terminated through no fault of their own if they can show that the attendance policy was difficult to understand and comply with.

Can we require women to repay maternity leave benefits if they quit before returning to work?

04/28/2010
Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she’s required to reimburse the company for the paid leave. Is this lawful?

Can we limit cash awards to just some employees?

04/28/2010
Q. When we win contracts, we recognize employees with cash awards. But these awards may be given only to the select few employees who were involved. Is this legally OK?

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

Bethlehem’s St. Luke’s hospital won’t hire smokers

04/28/2010

St. Luke’s Hospital and Health System in Bethlehem will screen new hires for tobacco use and not hire anyone who tests positive for nicotine. Current employees will not be tested. Employees who fail the screening may try again in six months.