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Discipline and Termination—Near Guarantees of a Lawsuit

In yesterday’s Advisor, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a unique, checklist-based audit system. Today’s mistakes are again courtesy of the Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. As with evaluations, discipline […]

Beware the Undead: ERISA Equitable Relief Ruling Brings Cases Back from the Grave

A landmark Supreme Court ruling on relief available under ERISA in employee benefit cases is bringing cases back to life that we thought were dead and gone. In CIGNA v. Amara, the U.S. Supreme Court on May 16 ruled that ERISA’s enforcement provision allowing for “appropriate equitable relief” — ERISA Section 1132(a)(3) — aka Section […]

Hot List: Bestselling “Organizational Behavior” Books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, August 15, in the “Organizational Behavior” section of the “Business and Investing” category. 1. Read This Before Our Next Meeting by Al Pittampalli. Explains what’s wrong with “the meeting,” and meeting culture, but suggests how […]

The ‘Flip Side’ of Mr. Naysayer

After last week’s post I received an email from a reader who had a suggestion: You need to write about the “flip side” of Mr. Naysayer. Her rationale? I once had a job where I became the Mr. Naysayer. It was uncomfortable for me — uncomfortable for all around me — and it was a […]

Flex—‘Nice-to-Have’ or Business Imperative?

At World at Work’s Total Rewards conference held recently in San Diego, sessions on flextime were eagerly attended. Burrus shared her tips for developing a flex program that supports the business while at the same time pleasing employees. Burrus is the Workplace Flexibility Practice Leader at Waltham, Mass.-based WFD Consulting. She offers six stages of […]

Is Every Employee Disabled?

By Michael E. Barnsback That was the question we received at the conclusion of the ADA Compliance Virtual Summit, which I conducted with Audra Hamilton on June 15, 2011. The question was reasonable after conference participants learned that the Equal Employment Opportunity Commission’s (EEOC) new regulations emphasize that the focus of the Americans with Disabilities […]

Humana Adopts Policy Against Hiring Smokers in Arizona

By David I. Weissman Many employers are seeking to control escalating health care costs and improve worker productivity by implementing policies that promote employee wellness. As a result, policies that discourage employees from smoking have become increasingly popular. Some companies have gone a step further and decided they won’t hire smokers at all. This includes […]

Praying in the Workplace

A recent case from the federal trial court in Gulfport, Mississippi, dealt with a certified nursing assistant (CNA) who claimed she was discriminated against based on religion. She alleged that she was subjected to a hostile work environment and fired for reporting religious harassment. The court discussed some interesting points in its decision. Facts Shira […]

Ex Gratia Payments in Pension Plan Allowed

By Lyne Duhaime On June 21, 2011, in Canadian Jewish Congress v. Polger, the Court of Appeal of Quebec overturned a decision of the Superior Court that had ordered an employer to pay millions of dollars in pension benefits based only on an alleged practice and without proper written documentation to that effect. The pension […]