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DISCIPLINE / INVESTIGATIONS

Don't deduct FMLA leave from hours worked when calculating absenteeism ratio

11/12/2008
 

Just when you thought you had mastered the intricacies of the FMLA, employees and their lawyers have come up with a new trick that could trip you. This one involves how employers calculate attendance under no-fault absenteeism programs.

AG recommends no pension for convicted prisons director

11/12/2008
 

Donald Snyder, former director of the Illinois Department of Corrections (IDOC), forfeited his right to pension benefits when he was convicted of engaging in “a scheme to defraud the people of the state of Illinois,” Attorney General Lisa Madigan said.

Safety Harbor employee wins discrimination judgment

11/10/2008
 

A Tampa jury awarded $60,000 to Geno Baker, a former maintenance worker in the Safety Harbor Public Works Department, for race discrimination he suffered during his 14-year career with the department.

Track all discipline to show unbiased process

11/07/2008
 

The key to a sound discipline policy is equal treatment for all who commit similar offenses. You can’t decide to treat some employees more leniently than others without very good reason. And you’d better nail down that reason at the time you make the decision—not months or years later, after another employee has sued.

Make it there, make it anywhere: Don't let NYC's tough bias rules beat you

11/07/2008
 

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

What should we do if an employee refuses to cooperate during an investigation?

11/07/2008
  

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

Suspend employee who makes veiled threats

11/06/2008
 

Could a stressed-out employee who makes veiled threats be a danger to himself or others? It’s the kind of quandary that keeps HR pros awake at night. And because the stakes are potentially high, it’s hard to know what to do. The most prudent course of action: Suspend the employee until you can sort matters out.

How does the Colorado Civil Rights Division's appeal process work?

11/06/2008
  

Q. We recently prevailed before the CCRD, which conducted an extensive investigation into a charge of discrimination. Now our former employee has filed an agency appeal. What will happen next?

How should we respond when one of our customers acts strangely?

11/06/2008
  

Q. Several female employees have reported that a male supervisor with one of our clients sends them strange e-mails. They are vaguely sexual and implore our employees to quit and to join his employer. The women think the sender is weird and have told him to stop, but he continues to send them messages. Is this a problem for my business?

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008
 

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008
 

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit ...

Crying wolf? 4 steps for handling serial complainers

10/28/2008
 

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? ...

Don't be surprised if tort claim follows initial lawsuit

10/28/2008
 

Government employees who want to sue for such things as defamation have to let the state know before they file suit. It gets trickier, however, when the employee amends a previous suit ...

Employee does not have to specify race to invoke protection

10/28/2008
 

Bernard Pettis, who is black, worked for R.R. Donnelley as a materials handler, loading skids for press operator Tim Cain. Whenever Cain, who is white, helped Pettis seal the skids, he would smash Pettis’ hands under the top board, then laugh and tell co-workers, “I got his hands,” or “Ooh, look at him.”

Rutgers poli-sci department is old school, women claim

10/27/2008
 

Five female faculty members at Rutgers University in New Brunswick have filed a complaint with the state Attorney General’s Office, alleging bias in pay and decision-making in the Political Science Department.

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