Tag: Policies

Fairness—Not Legal Technicalities—Counts with Employees … and Juries

Lawyers like to talk about picky legal points, says attorney Jeffrey Wortman, but the real bottom line for most legal cases is fairness. Juries—and sometimes judges—are more likely to make a decision based on fair treatment than on legal treatment. It isn’t only in court that you reap the benefits of fairness, Wortman notes. It’s […]

New Supervisors Don’t Know Their Own Power

New supervisors don‘t understand their new power, says attorney Jeffrey Wortman, and HR Managers had better teach them about it before they make an expensive mistake. Wortman’s comments were part of a wide-ranging discussion delivered to an enthusiastic audience at BLR’s Second Annual National Employment Law Update, held last week in Las Vegas, Nevada. (Next […]

Investigation Complete? Don’t Relax Yet–There’s Work to Be Done

Think you have completed your investigation because you’ve interviewed your witnesses? Not so fast–there’s a lot more to do. Attorney Walter Stella, a partner in the San Francisco-based law firm of Shook, Hardy & Bacon, LLP, talked about the pitfalls of investigations during a SHRM Employment Law and Legislative Conference in Washington, DC. After the […]

Can Employees ‘Plead the Fifth’? — And Other Investigation Challenges

Every HR manager has to do investigations, and it’s hard to get it right–interview too few witnesses, and you’re negligent; interview too many, and you’re invading privacy and violating confidentiality.   Who’s waiting to pick apart your investigation? Your employee’s attorney will question the approach you took at every step along the way, says attorney Walter […]

Time to Terminate At-Will Disclaimers? No! Says Expert

In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”? In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and […]

We’re At Will–Why the Fuss over Documentation?

What HR manager hasn’t heard, “We’re an at-will employer, so why do I need documentation before I fire?” Good question, says today’s expert. After all, what is ambiguous about the at-will doctrine? In most organizations, employees are “at will,” that is, they are hired for no specific time period, with no contractual relationship, and employment […]

3 Key Questions for Best Practice Wellness

In yesterday’s Advisor, attorney Francis Alvarez discussed legal risks of wellness programs. Today, practical considerations and an introduction to a popular wellness guide. Each organization has to decide for itself where it belongs on the wellness/risk continuum, says Alvarez, a partner in the White Plains, New York, office of national employment law firm Jackson Lewis. […]

Wellness Is TC Squared–Managing Employees and Risks

Managing wellness is described as “TC2” by today’s expert. That means Taking Care of employees and Taking Care of risks. Everybody wants to take care of employees, says attorney Francis Alvarez, but they must also realize that along with wellness programs come legal risks. It all depends on the kind of program you offer. Alvarez is […]

Productivity Up, Lawsuits Down–More on Managing RIFs and Realignments

Yesterday’s Advisor  discussed planning for reductions in force (RIFs), selection of people, and communication with employees and managers. Today, more tips on RIFs, and an introduction to the “HR Red Book®,” BLR’s popular HR problem solver. First, more tips from Diana Gregory, senior human resources specialist at the Walnut Creek office of Administaff, a professional […]

Ride the ‘Retaliatory Wave’ after RIFs, Right-Sizing, and ‘Structural Realignments’

Downsizing is dangerous for morale, for productivity–and for lawsuits. Today’s expert untangles this treacherous territory. Fear and insecurity experienced as a result of downsizing, layoffs, or any type of significant restructuring spawns a “retaliatory wave” of lawsuits, as well as affecting morale, which results in poor productivity, says Diana Gregory. So, employers need to identify […]