When an employee complains to the human resources department that she’s the victim of sexual harassment, the proper course of action for the employer is to investigate the complaint. But once the investigation is complete and no evidence is found to support the accusation, it’s time to move on. Unfortunately, even the most thorough investigation [...]
Archive for the 'Discipline and Employee Misconduct' Category
by Burton J. Fishman
In a ruling that could make workplace investigations at unionized facilities all but impossible, the National Labor Relations Board (NLRB) reversed a 37-year-old precedent that protected employees from retaliation.
by Burton J. Fishman
Employers are beginning to comprehend how the widespread availability of medical marijuana will affect the workplace. Newly garbed with medical justification, more workers are claiming a “right” to use marijuana at work. Employers, confronted with a note from the ever-more- aptly-named “Dr. Feelgood” authorizing employees’ use of the [...]
Sometimes employees just don’t get along, and employers know they need to intervene when harassing and even threatening behavior occurs on the job. But should the employer launch an investigation if coworkers trade harsh words after hours away from the workplace?
That was a question put to a group of attorneys who focus on workplace [...]
For being a subject many people dread to think about, performance reviews have been getting a lot of thought lately. Business publications have been relating how big name companies like Microsoft, Adobe, Deloitte, and most recently Accenture have scrapped traditional rankings and once-a-year reviews in favor of new thinking. Tired of the possibly ineffective and [...]
Employees straggling in late or not coming in at all is often at the top of the list of employer frustrations. The problem can lead employers to devise creative solutions, such as requiring management employees to clock in and even docking their pay when they’re late. But a solution that’s legal is more important than [...]
by Lisa Berg
Nonunion employers often believe they don’t have to worry about decisions from the National Labor Relations Board (NLRB). Well, think again! On March 15, 2015, NLRB General Counsel Richard F. Griffin issued a 30-page memo (Memorandum GC 15-04) that provides guidance on handbook policies the NLRB considers unlawful. The [...]
No employer wants impaired workers on the job, and most take steps intended to prevent drugs and alcohol from causing harm. But despite carefully considered policies, problems often occur. Statistics reported in the June 2 Wall Street Journal are giving employers more to worry about.
Statistics from Quest Diagnostics Inc., a major administer of workplace [...]
by Frank Rox
At the outset, it is worthwhile to take a look at the rather grim statistical picture. In fiscal year (FY) 2011, the National Labor Relations Board’s (NLRB) regional offices won 88 percent of unfair labor practice (ULP) and compliance cases decided by the Board and administrative law judges [...]
Learning that a trusted employee has been arrested and accused of theft is always alarming, but the question of what to do—suspend, terminate, or wait and see how the case plays out—adds even more stress. Recently, several attorneys who represent employers were asked what to do in such a situation. Their advice: Suspension or termination [...]