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Category — Prevention

The List: Making 2013 an HR Success – Part 1

Human Resources professionals have a job that requires a great deal of effort – a good HR Manager will stay on top of developments in employment law; establish sound, consistent procedures for managing typical staff issues, such as leave requests, on-site injuries, and separation from employment; and cultivate good relationships between employees and management.  From the other side of the phone line, however, comes a wish list from an attorney’s perspective – what the Human Resources department should consider doing  to help minimize difficulty down the road and ensure as successful an HR year as possible. [Read more →]

February 12, 2013   No Comments

Workplace Violence: Navigating the Minefield of Workplace Gun Laws

The horrific Newtown, Connecticut elementary school massacre has brought the gun control debate front and center.  But gun violence is not just in our schools.  In August, a former employee shot and killed a co-worker near the Empire State Building before being shot by police himself, and eight bystanders were injured in the shoot-out.  A 30-person Minneapolis sign company was decimated in September when an employee who was discharged shot and killed six people, including the company’s founder and a UPS delivery driver, and wounded two others before taking his own life.  In November, an Apple Valley Farms employee shot four co-workers at a chicken processing plant in Fresno, California, killing two of them, before turning the gun on himself.  Not long after, a ConAgra Foods employee in Indianapolis fatally shot his co-worker outside a break room, then killed himself.  Two other workplace violence incidents, in Pine Bluff, Arkansas (an employee fatally shot her co-worker) and Manteno, Illinois (an employee shot and wounded his co-worker), took place in July, 2012. [Read more →]

January 3, 2013   No Comments

Sticks and Stones Can Break Bones, but the Wrong Words Can Hurt Your Business

Over the last two years, the amendments to the Americans with Disabilities Act (ADA) have been a prominent and well-discussed topic of employment law. The changes are substantial and significant, as you surely have recognized. But, the changes have also likely left many of you (and supervisors and managers you work with) concerned and confused about how to interact with disabled employees without offending or upsetting them.

To help you out, DiversityInc.com has posted a list of 7 Things NEVER to Say to People with Disabilities. Some of the tips listed are hopefully pretty obvious (e.g. do not say “Oh, if you just have faith, you can be healed,” or “How do you go to the bathroom?”). Some of the other tips, however, may come as a surprise (e.g. ““I don’t even think of you as a person with a disability.”) In either case, you may find the article useful, particularly when training others within your business about how to respectfully, effectively and legally deal with employees with disabilities.

And while you are visiting the DiversityInc.com , check out some of the other articles in their Things Not to Say archives. Some of the articles are quite provocative and designed to start some tough conversations about diversity and inclusion. While you may not want to follow the advice completely, you may find that some of the articles are helpful, or at least raise questions worth discussing with your peers (or your favorite employment attorney).

June 26, 2012   No Comments

Hostility At Work — Expensive, Wrong & OUT OF CONTROL!

I have recently written about cases where discrimination and retaliation led to large verdicts and huge liability for employers.  These cases remind us that hostility at work, in the form of discrimination and harassment, is wrong and expensive.  An additional example from just this week shows what happens when harassment occurs and is allowed to continue, and ends up out of control.

This past Tuesday, a federal jury in New York awarded $25 million to a steel plant worker on his mind-boggling claims of racial discrimination, harassment and retaliation, as well as some tort claims for emotional distress.  That kind of verdict raises eyebrows for sure.  But what is even more startling is what the employee was subjected to by his co-workers and how his employer responded (or in most cases, failed to respond). [Read more →]

June 14, 2012   No Comments

Distracted Driving Lawsuits – Are Your Employees Making You A Target?

Using a cell phone while driving is dangerous – we all know that.  Texting while driving is (or will soon be) illegal in 39 states and the District of Columbia.  But are your company’s employees using their cell phones to call or text while driving?  Are they doing it in a company car, with a company phone?  Even if your employees are only handling company business on a personal phone in a personal vehicle, you may still be at risk for a distracted driving lawsuit should they be involved in an accident.  [Read more →]

June 12, 2012   No Comments

Hostility at Work Is Still Wrong — and Retaliation Is Hostility

A previous post discussed a huge jury verdict for an employee who was harassed and mistreated at work due to her religion.  The lesson:  harassing an employee, subjecting her to a hostile work environment, and retaliating against her for complaining about harassment are all wrong, illegal and expensive.

A decision handed down yesterday by the federal appeals Court covering Georgia, Alabama and Florida has made that point again.  In doing so, it further explained that retaliating by creating a hostile work environment for employees who complain about discrimination also violates Title VII — and is also wrong, illegal and expensive. [Read more →]

June 5, 2012   No Comments

A Company That “Gets It” — That HR Law Really Matters

We started HRLawMatters.com because we recognized how important the Labor & Employment laws that Human Resources professionals have to understand and contend with every day really are to their businesses’ success.  We think many of you agree, as do your companies.  I noticed recently one company that looks like it really gets that human resources and the law really matter, and what they did that signals that they “get it” is a bit unusual. [Read more →]

May 22, 2012   No Comments