Tag: procedures

Special Issues in Conducting Workplace Investigations

The truth is rarely pure and never simple (Oscar Wilde once said), and nowhere is that more true than when investigating workplace allegations of harassment, theft, discrimination, safety violations or substance abuse. Here are a few tricky situations that pose challenges investigators need to understand so as not to let the process derail. The Reluctant […]

Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

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 […]

Not ‘Smoking Gun,’ But Almost as Bad

The worst-case scenario defending against discrimination claims is the “smoking gun.” (“Too old for this job” written on résumé .) In today’s Advisor, several of the somewhat lesser mistakes that can still shoot your defense to pieces. Fortunately smoking gun evidence is rare. What is common, however, is the type of evidence that, on its […]

Office of Special Counsel Aims at Fed Agencies with USERRA Project

A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember […]

Social Media: NLRB Eyeing Employer Policies

Employer workplace policies on social media are being scrutinized in more than 129 cases before the National Labor Relations Board (NLRB), says a study from the U.S. Chamber of Commerce. This data wasn’t just handed to the Chamber. Rather, the group submitted a Freedom of Information Act request to the NLRB “seeking copies of all […]

Discipline Derailed by ‘Evidence’ of Discrimination and Poor Documentation

In yesterday’s Advisor, we saw Jill’s mistakes disciplining Jack; today, more that can go wrong, plus an introduction to a unique guide for smaller—or even one-person—HR departments. Jill fired Jack, but hadn’t followed policy, hadn’t been consistent, and had little documentation. Jack sued. What else could go wrong? Plenty. [Go here for Jill’s story] ‘Evidence’ […]

Discipline: The 5 Last Things You Want to Hear

Discipline. Aside from performance appraisals, it’s probably the most neglected, most-often-put-off job in management. Managers and supervisors hate to deliver discipline, but delay is disaster. “I’ll ignore it—Let’s see if Jack will improve on his own.” Jack is a longtime employee, a copywriter in Jill’s Marketing Department. During the past several months, he’s been coming […]

Unlimited Vacation … Are you Kidding Me?

“Are you kidding me” is bound to be the response of many CEOs to the concept of unlimited vacation, but many CEOs are taking a careful look at the benefits (see Yesterday’s Advisor) and accepting the risks (read on), says attorney Christina Gomez. Gomez, who is an associate at the Denver office of law firm […]

Unlimited Vacation? 8 Benefits (And a Few Pitfalls)

Should you jump on the bandwagon of unlimited vacation? It’s touted as a good way to reward employees without increasing costs. However, it’s not without its pitfalls, says attorney Christina Gomez. The concept of unlimited vacation is very simple: Employees can take vacation, personal, and sick time (anything that would fit into a paid time […]