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Linking performance problems to age is a dangerous practice
Employers may be experiencing the nagging dread of age discrimination more frequently these days. Simultaneous to the surge of baby boomers reaching retirement age comes the decision by many to delay...
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Top 10 tips for conducting an effective sexual harassment investigation
by Lauren M. Cooper Employers must take all reasonable steps to prevent harassment from occurring. You must also promptly correct any sexually harassing behavior that has occurred. Effectively...
View ArticleSocial media fame: harmless or damaging to employers?
Seen any viral videos lately? Maybe a more pertinent question is: Fired anyone over a viral video lately? Videos and other social media posts run the gamut from cute kittens to dancing wedding parties....
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The proof is in the paper trail
by Julie A. Arbore One of the most effective ways an employer can shield itself from liability when faced with an allegation of discrimination is to be able to support the legitimacy of the challenged...
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DHS allows illegal aliens to defer deportation and seek employment in the...
by Matthew J. Snyder The U.S. Department of Homeland Security (DHS) recently issued a directive that allows illegal aliens who satisfy certain criteria to temporarily defer their deportation and seek...
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An employment defense lawyer’s holiday wish list
by Craig M. Borowski Employment-related claims remain at near all-time high levels, and most employers face them from time to time. Many attorneys would agree they have a “wish list” of things they...
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Some HR resolutions for the new year
by Joseph Godwin Happy New Year! I hope the holiday season was a joy-filled one with plenty of time to spend with family and friends ― the most important people in our lives. Now it’s January and time...
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Are you using the new Form I-9?
by Elaine Young On March 8, U.S. Citizenship and Immigration Services (USCIS) released the long-awaited new Form I-9 and its accompanying M-274 employer handbook. Employers were required to start using...
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Discrimination and document abuse in the hiring process
by Kathy Neal You’ve been verifying I-9s since the Immigration Reform and Control Act (IRCA) took effect in 1986. You know the difference between List A, B, and C documents, and you can fill out I-9s...
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Finding the right way to deal with less-than-ideal employees
Human nature being what it is, employers can expect friction within work groups from time to time. Personality clashes and misunderstandings will strike nearly every workplace at some time. Handling...
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Help or hindrance: Do workplace flexibility policies really work?
Progressive HR departments have been on the workplace flexibility bandwagon for years now as employers try to recruit and retain top talent. The best and brightest will be productive, loyal and...
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How to write a strong termination letter
by Bradley T. Cave Writing a termination letter can be a daunting task, knowing that much can rise or fall on what the letter says. A few straightforward strategies can help you prepare a termination...
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Getting the scoop: The value of exit interviews
Depending on your vantage point, exit interviews can be an effective way to get information that will improve the workplace, or they’re a waste of time that some employees resent. The idea behind exit...
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Giving thanks: an employment lawyer’s list
by Richard Rainey As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve...
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Reviewing the review: Avoid legally risky mistakes in performance evaluations
The end of the year is a time that’s both hectic and reflective, and it’s that reflective thinking that’s put to use in evaluating employee performance. Whether evaluations are done at the end of the...
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Unwelcome encore: managing investigations to survive ensuing litigation
by Jeff Sloan The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also...
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Ringing in 2014: It’s time to take a look at your policies and employee handbook
by Jeanine Poole The turn of the year is often a good time to review company policies. We’re weighing in with some favorite perennial professional resolutions and perhaps a few new suggestions that...
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HR’s New Year’s resolutions (or what your lawyer hopes they’ll be)
by Tracey B. Eberling What will 2014 bring? It’s hard to say. If you’ve been in HR very long, you know that employment law and workplace issues can be unpredictable. But HR professionals can take...
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Preserving documentation in case of a lawsuit
by Gary S. Fealk “I know we had an e-mail/videotape/memo about that, but I can’t find it.” You might be surprised to learn that lawyers are often told there’s a key piece of evidence that would help in...
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Making job descriptions live and breathe, not sit dusty in the files
The task of writing and revising job descriptions may sound dull, but at the same time be daunting. With so much to consider—essential versus nonessential functions, varied job responsibilities,...
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