Archive for the ‘Termination, Discipline’ Category
NATIONAL ORIGIN DISCRIMINATION
Best Practices for Fair and Equal Employment In our richly diverse society, it is perhaps no surprise that national origin workplace discrimination claims have been increasing steadily across the country since 2001. It is unlawful for business to make a significant employment decision – e.g. hiring, advancing, demoting, or firing – based on a worker’s […]
FAIR AND BALANCE – HARASSMENT AND DISCRIMINATION WORKPLACE INVESTIGATIONS
A strong policy prohibiting harassment and discrimination is worth little if an investigation over a complaint is badly handled. Among the important rules: Don’t Delay – Failing to start or complete an investigation promptly creates a potential claim that the company condoned the alleged misconduct, thus increasing the risk of a legal claim; Ensure no […]
NEW COSTUMES LEAD TO FIRING OF NJ CASINO SERVERS
When Katharyn Felicia was told that she and other cocktail waitresses at Resorts Casino Hotel were to pose for photos in skimpy new flapper costumes, she thought it was to evaluate the sexy black outfits to make sure they fit and looked right. What the women didn’t know, she said, was that the photo shoot […]
JOB DISCRIMINATION AGAINST THE UNEMPLOYED
EEOC’s Recent Hearing on Out-of-Work Job Applicants In Being Unemployed Just Got Harder (February 16, 2011), we reported the U.S. Equal Employment Opportunity Commission’s (EEOC) impending hearing on a possible national trend of hiring only those currently employed — a choice certainly not likely to help the country’s unemployment challenges. In a post-hearing statement, EEOC […]
GRADING EMPLOYEE PERFORMANCE
Employers Should Not Flunk the Process Properly conducted employee performance evaluations can be an excellent tool for enhancing management – workforce communications. Such assessments provide administrators the opportunity to communicate their views to a worker on that person’s performance before a bad habit becomes a destructive disruption. Employees may use the process for communicating satisfaction […]
DRUGS AND ALCOHOL IN THE WORKPLACE
Balancing Worker Privacy with an Employer’s Rights to Protect Safety A worker intoxicated or under the influence of drugs on the job can not only be detrimental to productivity, but extremely dangerous to safety of the employee and those around him or her. Maintaining a comprehensive written drug and alcohol policy – covering testing, prevention, […]
FIRST IMPRESSIONS 101
Maintaining Workplace Dress and Appearance Codes As one never gets a second chance to make a first impression, many employers make it their business to specify a dress code policy, particularly for workers who regularly greet and work with the public. Setting such standards is a proper commercial practice of course, so long as management […]
BIG STICK DIPLOMACY
Employee Discipline Policies Then-New York Governor Teddy Roosevelt probably summed up politics, diplomacy, and personnel management with his line: “Speak softly and carry a big stick; you will go far.” Some suggestions: ● Management is Part of the Solution, Not the Problem – In the face of reported misconduct, a personnel manager should always proceed […]
THE MANY FACES OF HARASSMENT IN THE WORKPLACE
Sexual harassment rightfully gets the bulk of attention when drafting prevention and reporting policies or training employees on proper workplace conduct. However, managers should not stop there. In California, there are as many as ten other types of harassment claims that businesses must do everything reasonably possible to prevent. Workplace “harassment” can be broadly defined […]
OH NO YOU DIDN’T!
Wrongful Termination of At-Will Employees Theory is one thing, practice another. In theory, “at-will” employment means neither employer nor employee are obligated to continue the relationship for any period of time. Either may terminate for any reason or for no reason at all, with or without advance notice. In practice, some company executives and personnel […]