by Gary S. Fealk
The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.
Archive for the 'Workplace Investigation' Category
by Gary S. Fealk
by Scott Agthe
By now, most Texans are familiar with the embarrassment of the Travis County district attorney, who was recently jailed for drunk driving. For you non-Texans, here is a synopsis: Rosemary Lehmberg, one of the highest-ranking law enforcement officials in Texas, was arrested one Friday night last April. A 911 [...]
Everyone knows the clichés “cheaters never prosper” and “honesty is the best policy,” but that doesn’t mean employees always take those maxims to heart. Whether it’s padding an expense account, failing to clock out for lunch, or large-scale embezzling, some employees will cross the line into unethical territory. Take, for example, the case of the [...]
by Chris Chrisbens
Do you instruct or ask employee witnesses to keep the subject matter of a workplace investigation and your interview confidential when you conduct an investigation? Are there consequences for employees who breach confidentiality? For years, HR professionals regularly have given those instructions and been trained by experienced investigators and the Equal Employment Opportunity [...]
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 investigating harassment complaints and promptly intervening are critical to both of those goals. Prevention of the harassing behavior is the ultimate objective. Effective and immediate intervention also serves [...]
by Gary S. Fealk
Discipline and termination are issues for virtually all employers. However, many employers make employment decisions with incomplete knowledge of the events leading to the discipline or termination. Having a system for investigating and documenting workplace incidents helps employers make decisions with better knowledge of the facts. Proper documentation also reduces the risk [...]
HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into [...]
by Robert A. Berry
Business is tough. It’s even harder in today’s climate — and that’s assuming all of your employees are working for the good of the business. Unfortunately, that’s not always the case. It may be a valued and trusted employee with many years of dedicated service, or it may be someone new or [...]
by Toby Tiner, Jr.
Editors’ note: This week we feature a guest article. The editors of Maine Employment Law Letter think you will benefit from the practical insights of their colleagues. They have worked alongside Toby on many tricky employee-relations cases, and his ability to find the truth while treating employees respectfully has impressed them. Maine [...]
The Sixth U.S. Circuit Court of Appeals (which covers Kentucky, Michigan, Ohio, and Tennessee) recently addressed whether an employer could terminate an employee who met the requirements for Family and Medical Leave Act (FMLA) leave but, by virtue of his behavior during the leave, revealed that he actually was able to work.