I was recently contacted by a reporter and asked to describe steps employees who are laid off from employment may take to maximize what they take away. As I prepared my response it occurred to me that some of the readers of this blog may find this information helpful. With the unemployment rate growing, there is
Employee Termination
Managing Employees with Personal Financial Problems
The economic downturn affects businesses but also impacts the daily lives of employees. An employee’s personal financial problems can lead to bankruptcy, foreclosure and even divorce, any of which may impact his or her job and job performance.
Businesses must be prepared to respond to employee performance issues created by financial problems. Employers should be…
Retaliation Claims: Five Things Every HR Generalist Should Know*
The EEOC’s Report of Discrimination Charge filings notes that Retaliation claims rose 18% to a record high, doubling since 1992. There were 26,663 retaliation based charges filed in 2007 up from 22,555 the previous year. The trend might be explained, in part, by employees filing both a discrimination charge and a retaliation claim; increased awareness by employees…
Employment Practice Liability Insurance: Five Things every HR Generalist should Know.*
Employment Practices Liability Insurance (EPLI) may be a relative bargain in the continued “soft” insurance market and employers should consider adding or increasing insurance coverage to protect against employment claims. EPLI insurance is somewhat quirky and the following are some considerations when evaluating policies:
- Coverage: EPLI policies typically cover claims of wrongful discharge, workplace harassment
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Risk Management in Employee Terminations: Sometimes the How is as Important as the Why.
What motivates a terminated employee to sue his or her employer is a complex issue. In my experience, the manner in which an employee is “fired” is at least as likely to lead to a lawsuit as the “reason” given for his or her termination. Many lawyers spend all their time on justifying the reasons for why…
Responding to EEOC and State Agency Discrimination Charges: Five Things Every HR Generalist should know.*
The EEOC receives over 75,000 discrimination charges annually each of which requires a response by an employer. How companies respond to charges varies greatly. In the legal community there are two schools of thought on the scope of EEOC responses. The first approach follows a minimalist path under the rationale that anything sent to the EEOC …
Layoffs and Reductions in Force: Five Things every HR Generalist should know.*
As credit related losses ripple through the financial and construction sectors, many organizations will be forced to consider job cuts. Selecting employees for lay off must be collaboration between managers and human resources. HR must be able to influence the process to reduce legal risks and assuage the anxiety of remaining employees:
1) Establishing Business …
High Profile Sexual Harassment: Outsiders must Investigate
Yesterday’s $11.6 million jury verdict in the Isiah Thomas/New York Knicks sexual harassment case is generating tremendous blog commentary. Here’s what some are saying about the Knicks’ lawsuit and its “Wake-Up Call” potential:
Kris Dunn at HR Capitalist has a post on Fire, Suspend or Play On?… Isiah Thomas Trial Verdict…. Since the start
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Freedom of Speech in the Workplace: Think again.
The United States Constitution is often invoked as a source of workplace rights, particularly as it relates to freedom of speech, freedom from unreasonable search and seizure, and even the right to bear arms. A quick civics lesson reveals that the Bill of Rights creates limits on the government’s actions to curb constitutional rights but does…
Strictly Speaking Equal Employment Opportunity Means Neutrality
Certainly the Congressional policy underlying Title VII encourages efforts to improve employment conditions for minorities and women. However, sometimes employers lose sight of the fact that the discrimination laws are written to prohibit employment decisions based on factors such as race, gender, age, religion, disability, etc. Instead of being a neutral factor, these protected classifications can…