Practical HR Tips, News & Advice. Updated Daily.
What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to new informal advice from the U.S. Equal Employment Opportunity Commission. Shy bladder syndrome, also known […]
In yesterday’s Advisor, attorney Joseph L. Beachboard talked about the increasing threat of retaliations lawsuits. Today, steps you might have to take, plus an introduction to the other great lawsuit preventer, the HR audit. Eric had Standing First, back to Eric from yesterday’s Advisor. The Supreme Court found that Eric, who was fired because of […]
Retaliation claims are on the rise, and it’s no surprise, says attorney Joseph L. Beachboard. They’re relatively easy to establish and they often pay off even when the underlying charge is not sustained—but they’re also easy to prevent. What makes retaliation suits so easy to bring? asks Beachboard, who is a shareholder in the Los […]
A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a part-time custodian for an Illinois community college. He was recorded several times losing employer property and […]
Facebook’s not the place to make grossly disparaging remarks about your employer — that should not be a new concept to most employees. And while employers should be careful about overly restrictive policies, there is a line beyond which employees can be fired. In this case, a Chicago area car salesman’s posts about cheap food his employer […]
The Family and Medical Leave Act requires that employees taking unpaid time off to care for a relative must stay close to that person during most of that leave, the U.S. 5th Circuit Court of Appeals said in deciding Baham v. McLane Foodservice, Inc. While an employee need not spend every waking moment in the […]
Employers should not fire workers in response to them taking valid FMLA leave. But firing can be justified when employees use FMLA leave (1) in a way that violates the employer’s policy manual, (2) to cover up for underperformance, (3) to retaliate against their employers or (4) as carte blanche to miss endless hours of […]
Which sounds most like your managers? “Before I make this important decision I must carefully review the HR policy dealing with this situation” OR “Policies? What policies?” Unfortunately, says consultant Robert J. Greene, too often it’s the latter. And to make matters worse, policy-making and enforcing has gotten harder, says Greene, CEO of Reward $ystems […]
In yesterday’s Advisor, attorney Allison West offered her “4 Serious Sins of Documentation.” Today, her take on employee explanations, plus an introduction to the all-HR-in-one website, HR.BLR.com. It’s critical to get the employee’s explanation for performance problems and to include it in your documentation, says West, principal at Employment Practices Specialists in Pacifica, California. Her […]
Rule number one in documentation, says attorney Allison West, is to include all the details, but you have to ignore that rule because of rule number two—be concise. When doing your documentation, it’s important to offer up all the facts, says West. Paper is cheap, she adds. However, at the same time, don’t be so […]