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Showing 21 posts in Employee Misconduct.

Can you fire an employee for being too sexy? Don’t count on it, notwithstanding a recent Iowa decision to the contrary.

January 7, 2013
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Workplace Discrimination, Harassment and Retaliation

On the Friday before Christmas, the Iowa Supreme Court issued an opinion in which it held that it is not gender discrimination for a male boss to fire a female subordinate on the grounds that she is an irresistible sexual attraction for him, even when the female employee engaged in no improper conduct.  Should you rely on this decision in making hiring and firing decisions? More >

Fresenius USA Manufacturing, Inc.- Forcing Employers to Navigate the crossroads of workplace harassment & the NLRA

December 5, 2012
Posted In Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, National Labor Relations Act, National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation

Properly navigating workplace harassment laws is a tricky endeavor for any company.  A recent decision from the National Labor Relations Board (NLRB) in Fresenius USA Manufacturing, Inc. (September 19, 2012) makes employers’ obligations in this arena even more uncertain. More >

Social Media: The New Harassment Landscape Continued

October 12, 2012
Posted In Employee Misconduct, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

A recent government study uncovered that 23% of harassment victims were targeted through text messaging, email or other digital forms. Not so long ago, the only evidence human resources had to investigate in harassment claims were the face-to-face comments of the parties involved, making the truth sometimes difficult to determine.  With a digital trail of comments to follow, the investigation of harassment claims no longer relies on hearsay, recollection and “he said, she said” testimony, because nothing can refute written proof. More >

Social Media: The New Harassment Landscape

October 10, 2012
Posted In Communications Decency Act, Crisis Management, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

Social media is changing the landscape of the internal workplace, providing a new way for employees to socialize and interact with one another.  The online workplace is rooted in conversation which is casual, revealing and often deeply personal.  The direct connection of social media is akin to an invitation into your home. It allows co-workers to share in your personal life with an instant sense of closeness and propels the relationship forward quicker than a traditional office friendship. The boundaries of conduct can become easily blurred and potentially dangerous when this complicated overlapping of private and professional relationships intersect online. Whenever the parameters get ambiguous, the probability of inappropriate behavior occurring increases, creating a growing employer concern for protecting employees from the potential of social media harassment. More >

Workplace Politics: Cooling the Debates... Continued

October 5, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Personnel Files, Employment Law, Workplace Politics

As discussions about the first Presidential debate swirl, we continue our discussion of politics in the workplace. More >

EMPLOYEE TERMINATIONS: A PRACTICAL CHECKLIST

October 3, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

Terminating an employee is rarely, if ever, a comfortable process. Personal feelings - not to mention the concerns relative to potential legal ramifications of a termination -  often cause employers to retain an employee who should otherwise be terminated. The following guidelines include several of the most important practical tips to assist employers in the termination process and to help ensure that the employer is protected. More >

Efforts to Restrict Employer Access to Social Media Passwords Pick Up Steam

September 28, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Privacy Laws, Workplace Discrimination, Harassment and Retaliation, Workplace Politics

Legislative efforts to prohibit employers and educational institutions from demanding social media passwords from applicants and employees picked up steam as California became the third state to pass such a law on Thursday, September 27, 2012.  California joins Maryland and Illinois as states making this prohibition law, though none of the statutes have yet to go into effect. More >

Workplace Politics: Cooling the Debates

September 26, 2012
Posted In Americans with Disabilities Act, Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation, Workplace Politics

With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season. More >

Are Personal Emails Private in the Workplace?

September 19, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Pregnancy Discrimination Act, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

Can companies monitor and read personal emails?  While this is no longer a novel question, companies continue to struggle with finding ways to protect their ability to access and monitor employees’ email activity.  A review of recent cases reminds us that while the answer is usually situational, the result almost always hinges on the strength and specificity of the company’s computer and email use policy. More >

How to be Prepared: When an Employee’s Misconduct Leads to Termination

August 3, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

Terminating an employee can be one of the most difficult tasks for a business owner or human resource manager. It is however the responsibility of both positions and a necessary part of doing business. Termination is difficult under most circumstances because of the personal information an employer may know about an employee. After an employee becomes part of the workforce supervisors often discover personal information, such as an employee’s financial hardships or family difficulties, which makes difficult decisions uncomfortable. More >

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