A Christmas Story: Tales of Woe and Joy from the Holiday Party
|
01/02/2020
|
By: Teresa Shulda
|
Now
that
the
holidays
are
over,
we
can
look
back
on
a
year
of
accomplishments
and
success.
Or,
for
some,
we
can
start
the
new
year
with
HR headaches
resulting
from
the
annual
holiday
party.
The
Naughty
List
Holiday
parties
are
ripe
for
mischief
and
mistakes.
The
following
are
true
stories
of
office
parties
that
went
horribly
awry.
- A
California
bank
branch
held
an
annual
holiday
party
at
a
local
restaurant.
There
were
only
about
15
people
in
attendance,
but
they
included
a
female
bank
teller,
the
teller’s
female
boss,
and
the
boss’
boyfriend
(a
manager
at
a
different
bank
branch).
The
entire
affair,
including
the
alcohol,
was
funded
by
the
bank’s
budget.
The
office
party
officially
ended,
but
the
party-goers
continued
their
revelries.
But
once
the
bank’s
party
ended,
the
bank
employees
had
to
fund
their
own
cocktails.
The
party
continued
into
the
restaurant
bar
area,
then
moved
to
another
bar
as
the
night
progressed,
and
finally
ended
up
at
the
boss’s
house.
You
can
probably
see
where
this
is
going.
The
teller
ultimately
accused
her
boss
and
the
boss’s
boyfriend
of
sexual
harassment,
and
brought
suit
against
the
bank,
alleging
that
the
bank
should
have
foreseen
the
harassment,
particularly
in
light
of
the
alcoholic
drinks
that
were
provided
at
the
holiday
party.
The
trial
court
ultimately
found
the
bank
wasn’t
liable,
largely
because
the
office
party
ended,
and
the
drinking
that
continued
wasn’t
on
Continue Reading...
|
|
Save the Date: 2020 Employment Law Institute
|
12/23/2019
|
By:
|
Mark
your
calendars
now
for
Tuesday,
May
12,
2020,
the
day
of
Foulston’s
annual
comprehensive
full-day
employment
law
seminar!
We’ve
been
planning
since
last
summer,
taking
note
of
attendees’
feedback
to
us,
staying
on
topic
of
human
resources
trends,
and
tracking
new
cases,
laws,
and
regulations.
We’re
especially
excited
to
bring
you
the
2020
Employment
Law
Institute
keynote
speakers,
Jarrett
Green
and
Rebecca
Green.
Their
presentation
focuses
on
how
employers
and
HR
pros
can
foster
peak
performance
through
mindfulness
and
stress
management.
Jarrett
and
Rebecca’s
work
began
with
helping
high-stress
professionals
find
ways
to
improve
their
emotional
well-being,
cognitive
skills,
and
productivity
to
enhance
career
success.
They
have
found
that
the
same
principles
are
effective
across
most
companies
and
for
workers
of
all
levels,
and
are
now
delivering
their
workshops
and
presentations
to
corporations
such
as
Tesla
Motors,
US
Bank,
NBC-Universal,
and
Allstate
Insurance
Company.
You
can
learn
more
and
register
early
at
www.foulston.com/employmentlawinstitute.
Questions
or
suggestions?
Call
or
email
conference
manager
Adrienne
Clark
at
aclark@foulston.com
or
316-291-9721
or
employment
practice
group
chair
Boyd
Byers
at
bbyers@foulston.com
or
316-291-9716.
|
|
Have You Updated Your Employee Handbook Recently?
|
09/17/2019
|
By: Travis Hanson
|
As
a
part
of
the
2019
HR
Training
Series,
Foulston
recently
provided
a
session
on
employee
handbook
basics
to
a
group
of
HR
professionals.
Here’s
a
recap
of
some
of
the
highlights.
Employee
handbooks
should
be
updated
yearly.
It
is
also
important
to
have
employees
sign
an
acknowledgement
of
receipt
after
each
update.
This
is
because
the
acknowledgement
the
employee
signed
when
he
or
she
first
started
likely
applied
to
a
handbook
that
looked
different
than
the
current
version.
Updating
the
handbook
should
be
a
collaborative
effort
between
HR,
management,
and
legal
counsel.
If
the
handbook
says
one
thing,
but
your
managers
are
doing
something
else,
that
is
a
problem.
Management
buy-in
also
helps
ensure
that
your
policies
are
being
consistently
and
even-handedly
enforced.
Do
you
have
these
“must
have”
policies?
- At-will
employment
disclaimer
- Anti-harassment/productive
work
environment
- Equal
employment
opportunity
(EEO)
- Family
and
Medical
Leave
Act
(if
you
have
50
or
more
employees)
- Wage
deductions
- Smoke-free
workplace
Follow
your
handbook
unless
there’s
a
compelling
reason
to
make
an
exception.
Inconsistencies
between
the
policy
and
practice
could
come
back
to
bite
you.
|
|
Sharing Difficult News With Employees
|
01/10/2019
|
By: Tara Eberline
|
In
the
world
of
employee
management,
things
unfortunately
don’t
always
go
as
planned.
From
discipline
meetings
and
performance
evaluations
to
termination
meetings,
managers
often
have
to
share
difficult
news
with
employees.
Finding
an
honest,
respectful
way
to
do
so
can
be
the
difference
between
an
employee
on
the
path
to
improvement
and
one
who
throws
a
scene
on
his
way
out
the
door
and
drives
straight
to
the
EEOC
to
file
a
charge
of
discrimination.
While
there
are
numerous
strategies
for
how
to
best
navigate
these
difficult
conversations,
read
on
for
a
few
suggestions
on
keeping
these
meetings
on
track.
Performance
Evaluations
Performance
evaluations
are
one
of
an
employer’s
most
valuable
tools
for
communicating
with
employees.
They
provide
a
built-in
opportunity
to
give
clear
direction
to
employees
about
what
is
going
well
and
what
isn’t.
The
most
important
rule
when
it
comes
to
evaluations
is
to
tell
the
truth,
even
when
it’s
difficult.
Unfortunately,
our
workplaces
are
not
in
Lake
Wobegone,
and
not
all
our
employees
are
above
average.
If
you
have
a
low-performing
employee,
it
is
only
fair
to
the
employee
and
the
employer
to
be
honest
with
the
employee
about
that
performance.
If
an
employee
is
performing
acceptably
in
one
area
but
not
meeting
expectations
in
another,
the
evaluation
should
explain
to
the
employee
in
clear,
simple
language
both
the
successes
Continue Reading...
|
|
Foulston Siefkin 2018-19 HR Training Series
|
07/11/2018
|
By: Donald Berner
|
Foulston
Siefkin's
HR Training
Series
is
designed
to
benefit
business
owners,
executives,
and HR
professionals
with
responsibility
in
their organization
for
the
full range
of
issues
arising
from
the
employer-employee
relationship. Presented
by Foulston
Siefkin
attorneys at
our
offices
in
Kansas
City,
Topeka,
and
Wichita,
each
session
will
address
issues
that
important
and
relevant
to
employers. All
training
sessions
will
be
submitted
for
HRCI and
SHRM
credit.
The
2018-19
schedule
is
available
below.
For
more
information
on
the
topics and
HR
Training
Series,
visit www.foulston.com/hrtraining.
Click
here
to
register
now.
HR Half-Day
Sessions
WICHITA
- Back
to
the
Basics:
HR
Topics
from
A-Z
that
Every
HR
Professional
Should
Know
AUGUST
29,
2018
- Not
as
Easy
as
One,
Two,
Three:
How
the
FMLA,
ADA,
and
Workers’
Compensation
Interact
with
Employee
Leave
of
Absence
and
Return
to
Work
OCTOBER
30,
2018
KANSAS
CITY
- Back
to
the
Basics:
HR
Topics
from
A-Z
that
Every
HR
Professional
Should
Know
SEPTEMBER
11,
2018
- Not
as
Easy
as
One,
Two,
Three:
How
the
FMLA,
ADA,
and
Workers’
Compensation
Interact
with
Employee
Leave
of
Absence
and
Return
to
Work
NOVEMBER
6,
2018
HR Box
Lunch
Sessions
WICHITA
- Box
of
Tricks
or
Pandora’s
Box?
How
Outside
Information
Can
Help
or
Hurt
Employee
Hiring
and
Retention
JULY
24,
2018
- Anatomy
of
a
Complaint:
From
Charge
to
Lawsuit
AUGUST
21,
2018
- Just
the
Facts:
Difficult
Conversations,
Discipline,
and
Performance
Management
SEPTEMBER
27,
2018
- The
Benefit
of
Staying
Up
Continue Reading...
|
|
Dealing with Workplace Imposters
|
12/13/2013
|
By: Boyd Byers
|
You
probably
saw
the
video
clips
or
at
least
heard
about
the
fake
sign
language
interpreter
at
Nelson
Mandela’s
memorial
service.
As
President
Obama
and
other
dignitaries
addressed
the
crowd,
the
interpreter,
Thamsanqa
Jantjie,
stood
on
stage
next
to
them
and
flapped
his
arms
and
hands
around
making
meaningless
gestures.
“It
was
almost
like
he
was
doing
baseball
signs,”
deaf
actress
Marlee
Matlin
said.
“I
was
appalled.”
Jantjie
had
faked
his
credentials
and
managed
to
get
a
security
clearance
pass,
much
to
the
embarrassment
of
South
African
officials.
It
was
later
discovered
that
he
suffered
from
schizophrenia
and
had
been
accused
of
murder.
While
this
was
an
extreme
case,
it
is
not
uncommon
for
job
applicants
to
lie
about
their
credentials.
Studies
show
that
one-fourth
to
one-half
of
job
seekers
provide
false
information
about
their
education,
experience,
or
other
background
information
to
prospective
employers.
For
steps
you
can
take
to
detect
and
deal
with
workplace
imposters,
click
on
the
following
link
to
a
prior
post
on
this
topic.
(The
Great
Imposter
(07/29/2011))
A
little
work
on
the
front
end
can
save
you
headaches
and
money
in
the
long
run.
|
|
Building A Strong Team
|
04/02/2013
|
By: Donald Berner
|
With
the
arrival
of
April
Fool's
Day,
baseball
season
is
officially
underway.
I
know
for
some
of
you
with
kids,
baseball/softball
season
has
been
underway
for
quite
some
time.
I
read
an
interesting
blog
posting
yesterday
talking
about
timeless
leadership
lessons
from
baseball.
I
thought
I
would
pass
along
some
of
the
more
pertinent
HR-related
points
here,
although
all
of
the nine
items
listed
in
the
original
posting
are
good
tidbits
to
consider.
Here
are
the
HR-related
points:
- Measure
everything
important.
Good
decisions
come
from
gathering
and
reviewing
good
data.
Take
advantage
of your electronic
information
systems
to
track
and
analyze
information
related
to
employee
performance.
This
is
a
key
step
to
fielding
a
great
team
at
your
company.
- Team
versus
superstar. Make
sure
your
team
is
solid
from
the
top
to
the
bottom
of
your
roster.
Having
great
employees
surrounded
by
mediocre
employees
isn't
nearly
as
effective
as
having
good
employees
across
the
board.
Make
sure
to
focus
your
efforts
to
develop
talent
across
the
board.
- Team
chemistry
rules. A
cohesive
team
is
always
better
than
a
team
fighting
amongst
itself.
Sometimes
you
just
have
to
make
a
move
purely
to
fix
the
overall
workplace
chemistry.
Ignore
this
issue
at
your
own
peril.
To
read
the
full
version
of
the
article
click
here. It's
a
short
read
and
makes
some
great
points
about
leadership.
|
|
"There Is No I in Team" and Other Coaching Thoughts
|
01/29/2013
|
By: Donald Berner
|
I
spend
a
lot
of
time
either
coaching
youth
sports
or
hanging
out
watching
youth
sports.
It
is
the
nature
of
the
beast
when
you
have
three
kids
at
home.
Those
experiences
remind
me
that
managing
kids
is
a
lot
like
managing
employees.
The
big
difference
is you
hope
employees
are
a
bit
more
mature
and
responsible
than
kids.
As
most
of
you
in
HR
can
attest,
that
isn't
necessarily
true (as
a
coach
I
have
seen
young
players
be
a
lot
more
mature
than
their
own
parents).
Over
the
last
several
months
there
have
been
a
number
of
times
those
parallels
between
sports
teams
and
workplaces
were
very
apparent.
Without
naming
the
guilty,
here
are
a
few
stray
observations
about
youth
sports
that
carry
over
to
the
HR realm:
- No
matter
how
hard
you
try,
you
can't
cure
a
personality
defect.
Individuals
who
are
moody
and
grumpy
(read:
have
bad
attitudes)
usually
stay
moody
and
grumpy. It
seems
the
more
you
try
to
draw
them
out
of
that
mindset
the
deeper
they
settle
in.
It's
time
for
tough
love.
Instead
of
slipping
into
the
cycle
of
coaxing
better
performance
from
this
type
of
person,
make
it
simple.
Drop
the
attitude
or
find
a
new
employer.
In
other
words,
just
get
rid
of
the
cancer
--
cut
it
out.
If
you
don't
it
will
spread
to
your
other
team
members.
Plus you
will
have
a
lot
more
time
to
focus
on
your
other
employees
since
you
won't
be
wasting a
bunch
of
time
on
Continue Reading...
|
|
Do You Know? Forfeiting Unused Vacation Time
|
01/23/2013
|
By: Boyd Byers
|
You
may
be
familiar
with
Benihana,
the
Japanese-cuisine
restaurants
that
feature
knife-wielding,
joke-cracking
chefs
who
prepare
your
food.
In
2011
a
group
of
former
managers
filed
a
class
action,
alleging
that
Benihana’s
vacation
policy
violated
California
law
by
requiring
employees
to
forfeit
accrued,
unused
vacation
time
when
their
employment
ends.
This
month
Benihana
agreed
to
pay
$600,000
to
settle
the
case.
Do
you
know
that
the
Kansas
Wage
Payment
Act
similarly
prohibits
employers
from
imposing
a
forfeiture
of
earned
but
unused
vacation
time?
But
that
does
not
necessarily
mean
employers
are
always
obligated
to
let
employees
cash
out
their
unused
vacation
time
upon
termination.
Confused?
You
should
be,
as
Kansas
law
on
this
issue
is
tricky.
Read
on
and
I’ll
explain.
The
KWPA
provides
that
employers
must
pay
all
wages
due,
which
includes
vacation
time
and
paid
time
off
(PTO),
provided
the
employee
has
met
all
the
conditions
required
to
be
eligible
for
and
earn
that
compensation.
Kansas
Department
of
Labor
regulations
prohibit
employers
from
imposing
a
“condition
subsequent”
to
an
employee’s
entitlement
to
compensation
that
results
in
a
forfeiture
or
loss
of
earned
wages.
This
is
in
contrast
to
a
condition
precedent,
which
is
something
that
must
happen
before
the
agreement
becomes
effective.
Still
confused?
The
key
point
to
understand
here
Continue Reading...
|
|
Avoiding Discrimination Claims - Good Investigations
|
10/16/2012
|
By: Donald Berner
|
In
most
cases,
a
discrimination
claim
arises
following
some
sort
of
disciplinary
process
or
performance
counseling
activity.
In
more
limited
cases,
the
external
claim
follows
some
concern
raised
internally
with
the
employee
being
dissatisfied
with
the
resolution
reached
during
the
internal
process.
In
all
of
these
situations,
the
employer
should
have
conducted
an
internal
investigation
into
the
matter.
The
quality
of
the
internal
investigation
will
have
a
significant
impact
on
the
later
external
claim
the
employee
files
with
the
KHRC/EEOC.
In
the
case
of
employee
misconduct,
the
internal
investigation
will
provide
the
basis
for
the
discipline
that
is
ultimately
issued
in
the
matter.
The
documentation
of
the
investigation
will
go
a
long
way
to
supporting
the
employer's
defense
to
a
discrimination
claim
if
the
investigation
was
handled
appropriately.
The
key
to
any
investigation
is
to
be
thorough
and
fair
as
the
facts
and
circumstances
are
evaluated.
A
good
investigation includes
interviews
of
any
and
all
witnesses
to
the
situation,
even
if
the
witness
will
provide
information
that
is
contradictory
to
the
position
the
management
team
has
taken.
Trust
me
on
this
one
--
it
is
much
better
to
find
out
all
the
sordid
details
during
the
internal
investigation
than
to
be
hit
over
the
head
with
those
bad
facts
months
(or
even
years)
after
the
fact
during
an
external
investigation.
|
|
Avoiding Discrimination Claims - Good Documentation
|
10/12/2012
|
By: Donald Berner
|
If
you
have
worked
in
HR
or
management
for
more
than
a
few
days
you
are
sure
to
have
heard
several
times
by
now
to
document
and
then
document
and
then
document.
This
old
employment-law
adage
remains
true
today.
Maintaining
documentation
of
your
employment
decisions
can
be
the
difference
between
being
able
to
successfully
defend
a
discrimination
claim
and
losing
on
that
claim.
The
typical
discrimination
charge
filed
with
the KHRC/EEOC
covers
factual
events
that
range
anywhere
from
three
months
old
to
several
years
old.
If
you
are
anything
like
me,
remembering
where
I
was
at
two
years
ago
today
is
virtually
impossible
let
alone
what
happened
during
a
three-minute
conversation
with
a
co-worker.
That's
where
documentation
comes
into
play.
I
want
to
expand
a
bit
on
that
concept
of
documenting
to
add
in
the
notion
that
what
you
are
really
after
is
good
documentation.
Any
employment
decision
made
should
be
supported
with
documentation
reflecting
that
action.
The
documentation
can
be
simple
notes
written
by
a
supervisor
or
a
full-scale
form
detailing
actions
taken
and
the
reasons
for
the
action.
In
most
cases,
the
documentation
will
be
an
accurate
and
true
reflection
of
the
events
being
noted
and
will
be
given
much
more
weight
two
years
later
than
a
supervisor
or
employee's
recollection
of
the
events.
That's
what
makes
good
documentation
so
important
--
it
is
not
subject
to
revisionist
memory
since
it
was
created
at
the
time
of
the
event.
One
last
note:
the
documentation
maintained
in
an
employee's
personnel
file
should
Continue Reading...
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|
Avoiding Discrimination Claims - Training
|
9/27/2012
|
By: Donald Berner
|
If
an
employer
has
a
set
of
policies
and
practices
in
place,
educating
the
employees
and
the
management
team
is
a
critical
link in
reducing
the
likelihood
of
a
discrimination
claim.
The
training
for
employees
will
differ
somewhat from
the
training
provided
to the management
team.
With
respect
to
employees,
the
new-hire orientation process
should
contain a
general
overview of
company
policies
and
rules.
In
addition,
it
is
always
a
good
practice
to
have the
employees
sign an
acknowledgment
that
they
were
made
aware
of
the
policies
and
rules
in
place.
Beyond
a
general new-hire-training
process,
it
is
also
helpful
to
conduct periodic training
sessions
for
employees
focused
on
non-discrimination
and anti-harassment
policies,
as
well
as
any
specific
company
rules
that
need
additional
emphasis.
With
respect
to the
anti-harassment and
non-discrimination
training,
it is
important
to
emphasize
the
internal process
by
which
complaints
under
those
policies
can
be
made.
This
internal
complaint
process will
be
helpful
in
that
it
will
encourage
employees
to
keep
complaints
internal
and
may
provide
the
employer
with
the
ability
to
assert
some
affirmative
defenses
if
the
employees
fail
to
follow
a
complaint
process.
The
management
team
should
receive
the
same
training
as
non-management
employees,
as
well
as
additional
training
on
topics
including
the
FMLA,
ADA,
Title
VII,
and
the
FLSA.
It
is
important
for
supervisory
employees to
understand
the
employer's basic
obligations
and
practices
with
respect
to
these
various
statutes.
These
management
employees
are
likely
to
be
the
first
employer
representative
to
encounter
a
concern
implicating
these
statutes,
so
they
need
to
understand
the
basics
to
ensure
they
properly
respond
to
the
employee.
Another
key
part
of
the
Continue Reading...
|
|
Avoiding Discrimination Claims - Policies Pt. 2
|
09/25/2012
|
By: Donald Berner
|
The
last
installment
discussed
a
couple
of
important
policies
-
EEO
and
anti-harassment
-
that all
employers
should
have
in
their
policy
collection
to
help
avoid
discrimination
claims.
Beyond
those
two
policies,
employers
should
also
have
a
wide-ranging
variety
of
policies
related
to
how
employees
should
conduct
themselves
in
the
workplace.
These
various
policies
will
cover
all
sorts
of
disciplinary
and
performance
issues
and
will
vary
from
employer
to
employer.
While
having
the
policies
is
helpful,
the
next
key
to
avoiding
discrimination
claims
is to
ensure
these
wide-ranging
policies
are
followed
as
written
by
the
employer.
If
an
employer
policy
addresses
a
situation,
the
actions
taken
by
the
employer
should
be
consistent
with
the
policy.
And
beyond
being
consistent
with the
policy,
the
actions
taken
should
be consistent
how
the
employer
handled past
instances
of
violations
of
the
policy.
An
employer
that
deviates
from
the
terms
of
its
own
policies
or from
its
past
practices may
find
it
difficult
to
defend
the
employment
action
taken.
You
can
be
sure
the
employee
filing
the
charge
will
claim
the
deviation
is
a
result
of
the
employee's
protected
classification
as
opposed
to the
employer's
insistence
the
action
was based
upon
the policy
violation.
So
remember,
follow
the
policy
as
written
and
make
sure
any
employment
action
taken
is
consistent
with
how violations
have
been
handled
in
the
past.
A
failure
to
do
so
will
invite employee-discrimination
claims.
|
|
Avoiding Discrimination Claims - Policies
|
09/21/2012
|
By: Donald Berner
|
As
most
of
you
know, any
of
your
employees (or
former
employees) can
file
a
discrimination
charge
with
the
EEOC
or
KHRC
alleging
your
company
discriminated
against
them
on
the
basis
of
any
(or
several)
protected
classifications
under
the
various
statutes
like
the
ADA or
Title
VII.
When
a
charge
is
filed,
the
employer
will
almost
always
be
required
to
respond
to
the
agency
and
provide
a
variety
of
supporting
materials
and/or
materials
requested
by
the
agency.
These
investigations
also
frequently
involve
the
agency
sending
an
investigator
to
your
workplace
to
interview
witnesses
(managers
and
co-workers
of
the
complaining
party).
This
process
can
be
time
consuming
for
employers
and
serve
as
a
distraction
from
the
normal
course
of
business
for
the
employer.
The
best
defense
to
a
discrimination
charge
is
to
exercise
good
preventive
medicine.
Over
the
next
few
weeks,
check
back
for
a
series
of
posts
highlighting
some
good
preventive
measures
an
employer
can
take
to
avoid
a
discrimination
charge.
And even
if
these
measures
don't
prevent
a
charge, following some
or
all
of
them
will
make
defending
the
charge
a
much
easier
task.
So
let's
get
started.
The
first
line
of
defense
revolves
around
employer
policies.
Every
employer
should
implement EEO-related
policies
and
procedures.
The
basic
EEO
policy
should
reinforce
the
employer's
commitment
to
equal
employment
opportunity
and
to making
employment-related
decisions
without
considering
protected
classification
information.
In
addition
to
an
EEO policy,
employers
should
also
have
a
policy
related
to
harassment
issues.
The
anti-harassment
policy
should
cover
sexual
harassment
and
other
forms
of
harassment
based
on
protected
classifications.
It
is
Continue Reading...
|
|
Confucius Says: He Who Retaliates Digs His Own Grave
|
07/22/2011
|
By: Boyd Byers
|
The
thirst
for
revenge
is
among
the
strongest
of
human
emotions.
In
fact,
the innate
human desire
to
“get
even”
has
driven
much
of
the
history
of
the
world.
But
acting
on
feelings
of
revenge
can
have
dire
consequences,
not
only
in
the
world
at
large,
but
particularly
in
the
world
of
employment
law.
Most
employment-protection
laws
contain
anti-retaliation
provisions.
And
courts
are
broadly
interpreting
and
applying
these
provisions.
The
U.S.
Supreme
Court
has
recognized
and
expanded
the
right
to
bring
retaliation
claims
in
a
series
of
cases
over
the
past
several
years.
In
January,
the
Court
ruled
that
Title
VII’s
anti-retaliation
provision
covered
an
employee
who
was
fired
shortly
after
his
fiancée,
who
worked
for
the
same
company,
filed
a
sex
discrimination
claim.
( Supreme
Court
Finds
in
Favor
of
Fired
Fiance 01/25/2011)
In
March,
the
Court
held
that
the
FLSA’s
anti-retaliation
provision,
which
uses
the
phrase
“filed
any
complaint,”
applies
to
an
employee’s
oral
complaints.
These
cases
follow
prior
decisions
in
the
last five
years
in
which
the
Court
ruled
that:
·
Title
VII’s
anti-retaliation
clause,
which
refers
to
“opposition,”
does
not
require
active
opposition,
but
encompasses
involuntary
participation,
such
as
making
statements
during
an
employer’s
internal
investigation;
·
Employees
can
bring
retaliation
claims
under
the
ADEA;
·
Employees
can
bring
retaliation
claims
under
Section
1981
of
Chapter
42
of
the
Continue Reading...
|
|
A Yogi's Guide to Human Resources
|
03/30/2011
|
By: Boyd Byers
|
Major
League
Baseball
opens
the
2011
season
this
week, and
I
have
baseball
on
my
mind. Which
makes
me
think
about
the
great
baseball
philosopher,
Yogi
Berra. Here
are
some
of
the
most-memorable
"Yogi-isms,"
and
what
human
resources
professionals
and
personnel
managers
can
take
away
from
these
pearls
of
wisdom.
“You’ve
got
to
be
careful
if
you
don’t
know
where
you’re
going
‘cause
you
might
not
get
there.” Let’s
face
it,
employment
law
is
complicated. You
need
to
understand
the
law,
and
get
help
from
your
lawyer
when
you
don’t,
to
know
where
it
is
you
want
to
go
(unless
you
want
to
go
to
the
courthouse).
“We’re
lost,
but
we’re
making
good
time.” Activity
is
not
the
same
as
progress. Once
you
know
where
you
want
to
go,
make
a
plan
and
set
specific
and
measurable
goals
to
get
you
there.
“It’s
déjà
vu
all
over
again.” If
you
keep
doing
the
same
things
you’ll
keep
getting
the
same
results. Study
best
HR
practices
and
take
advantage
of
what
others
have
already
figured
out. Join
a
professional
organization,
go
to
seminars,
and
talk
to
contemporaries
at
other
companies. If
you
need
help
deciding
how
to
deal
with
a
dilemma
or
improve
your
policies
and
procedures,
confer
with
an
experienced
employment
lawyer
or
HR
consultant—chances
are
they’ve
seen
it
and
done
it
all
before.
“You
can
observe
a
lot
by
watching.”
Effective
managers
and
HR
professionals
know
what’s
going
on
in
their
workplace. So
set
aside
Continue Reading...
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|
Tips and Tactics -- A Little More on Training
|
12/09/2010
|
By: Donald Berner
|
After
blogging
about training
earlier
this week, I
had an
opportunity
last
night
to
watch
what
might
have
been
one
of
the
better
training
sessions
I've
seen in
some
time.
To
protect
the
innocent
and
hide
the
identity
of
all
involved
(other
than
me),
I
will
only
divulge
that
the
training
session
was
youth-sports-related.
As
a
parent,
I have
done
more
than
my
share
of
coaching
kids'
sports. I
have
also
had
the
opportunity
to
see plenty
of
other
youth
coaches
at
work.
The
topic
being
taught
last
night
was
how
to
hit
a
softball.
I've
seen dozens
of
other
coaches present
the
same
general information
to
groups
of
kids.
What
differed
between
the
session
last
night
and
all
the
others
was
the
approach
used
for
the
teaching.
Here
are
the
key
things
I
saw
that
might
be
helpful
in
providing
training
to
others:
- Break
down
the
task
being
taught
into
each
of
its
core
component
steps.
Isolate
each
one
and
teach
it
thoroughly
before
moving
on
to
the
next
step
in
the
process.
- Stop
along
the
way
to
explain
what
you
are
telling
the
audience.
If
you
use
terminology,
make
sure
they
understand
those
terms
and
how
they
apply
to
your
topic.
- Engage
your
group
and
obtain
feedback.
This
will
allow
you
to
evaluate
whether
you
are
effectively
conveying
your
points
to
your
audience.
- Once
you
have
isolated
and
taught
the
individualized
steps,
roll
it
all
up
into
one
package
and
present
Continue Reading...
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|
Tips and Tactics -- Employee Training
|
12/07/2010
|
By: Donald Berner
|
Every
employer
approaches
the
issue
of
training
from
a
slightly
different
perspective;
however,
all
employers
share
the
same
end
goal.
The
goal
is
to
bring
in
new
employees
and
provide
them
with
the
required
skills
to
perform
the
tasks
the
employer
needs
completed.
Sometimes
the
goal
is
to
improve
the
skills
of
existing
employees
to
allow
them
to
be
more
efficient
or
to
perform
new
tasks.
At
the
end
of
the
day,
the
approaches
utilized
by
the individual
providing
the
training
will
dramatically
impact
the
overall
effectiveness
of
the
training.
Here
are
a
few
thoughts
that
might
make
your
training
programs
more
valuable:
- Make
sure
your trainer understands
the
audience. The
content
and/or
delivery
of
the
training
should
be
tailored
to
fit
the
attendees'
knowledge
level
and
ability to
learn.
- Cheaper
isn't
always
better.
It
may
be
more
cost-efficient
to
deliver
training
to
the
desktop
via
computer-based
tools.
The
real
question
is
whether
the
target
audience
actually
absorbs
the
training
delivered.
No
amount
of
cost
reduction
in
the
training
delivery
method
is
worth
sacrificing
the
actual
learning
objective.
- Location,
location,
location. Removing
your
employees
from
their
normal
work
areas
and
the
distractions
that
accompany
it
will
likely
improve
the
quality
of
your
training
outcome.
Avoiding
the
distractions
of
day-to-day
work
operations
allows
the
employees
to
focus
on
learning
whatever
it
is
you
want
them
taught.
- Atmosphere,
atmosphere,
atmosphere.
The
environment
will
dramatically
impact
the
quality
of
the
training.
Make
sure
it
isn't
too
hot,
Continue Reading...
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|
Tips & Tactics -- Avoiding Religious Discrimination
|
11/16/2010
|
By: Donald Berner
|
The
topic
of
religion
in
the
workplace
always
provides
a
danger
for
employers.
In
our
post-9/11
world,
we
have
continued
to
see
tensions
run
high
with
respect
to
the
Muslim
faith.
Our
continuing
wars
in
Afghanistan
and
Iraq
have
caused
these
tensions
to
remain
and
build
over
the
years.
With
the
recent
outcry
over
the
proposed
Islamic
mosque
near
the
site
of
the
former
twin
towers
in
New
York
City,
this
issue
has
been
tossed
onto
the
front
of
the
newscycle.
From
an
employer
perspective,
religion
is
a
topic
best
left
for
outside
the
workplace.
While
this
makes
for
a
great
philosophical
approach,
our
employees
are
all
human,
and
an
employer
expectation
of
a
religion-free
workplace
is
naive.
With
the
holiday
season
around
the
corner,
there
is
no
better
time
to
ponder
methods
how
to
avoid
religious
discrimination
and maintain
civility
and
respect
for
all.
Here
are
a
few
quick
thoughts:
1.
Make
sure
you
have
in
place
a
well-publicized
and
consistently
applied
anti-harassment
policy.
The
policy
should
contain
a
clear
and
concise
complaint
process.
If
you
haven't
trained
your
workforce
on
anti-harassment
issues
in
the
past
year,
consider
having
a
short
training
session
to
refresh
the
topic.
2.
If
complaints
are
made,
investigate
them
promptly
and
thoroughly.
If
you
find
a
problem,
take
steps
to
stop
the
conduct.
Even
minor
conduct
that
isn't
unlawful
can
pile
up
until
you
reach
a
point
the
overall
package
of
conduct
is
unlawful.
3.
Even
if
there
is
no
complaint,
intervene
if
you
become
aware
of
possible
policy
Continue Reading...
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|
Tips & Tactics -- Attendance Issues
|
10/19/2010
|
By: Donald Berner
|
It
seems
that
everywhere
I
go
this
time
of
year
I
run
into
tables
set
up
for
the
sole
purposes
of
making
sure
I have
taken
a
flu
shot.
Every
retailer
now
seems
to
operate
its
own
medical
clinc
for
sole
purpose
of
charging
us
for
one
of
these
fun
flu
shots.
This
reminds
me
of the
oncoming
winter
season
and
the
increased
level
of
employee
absences
for
illness
or
family
illness-related
reasons.
So
whether
you
take
a
flu
shot
or
not,
the
flu
season
is
on
the
doorstep.
Here
are
a
few
thougths
for
the
season:
1.
React
early
to
an
attendance
problem.
Don't
allow
an
employee
to
miss
work
on
multiple
occasions
before
applying
your
attendance
policy
to
the
situation.
2.
Make
sure
you
have
a
good
understanding
of
what
is
driving
the
absence.
Is
there
an
illness
issue
for
the
employee
or
is
it
a
family
member
concern?
Is
this
the
type
of
condition
that
might
trigger
an
FMLA leave
situation
if
you
are
covered
by
the
FMLA?
3.
If
there
is
an
FMLA
leave
situation
at
play,
designate
the
leave
and
get
it
counted
against
the
employees
FMLA leave
allowance.
And
make
sure
any
discipline
process
is
reviewed
and
withdrawn.
You
don't
want
to
issue
discipline
for
time
off
that
is
protected
by
the
FMLA.
4.
If
there
isn't
an
FMLA situation
or
a
concern
under
the
ADA,
issue
any
discipline
required
by
the
attendance
policy
without delay.
Don't
get
caught
up
in
the
story
or
the
particluar
situation.
Dealing
with
employee
attendance
concerns
in
a
prompt
Continue Reading...
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Tips & Tactics -- Government Investigations
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07/06/2010
|
By: Donald Berner
|
One
of
the
new
realities
for
employers
is
the
increased
risk
of
a
visit
from
an
investigator
working
for
the
government.
These
visits
can
come at
any
time,
without
warning,
and
may
be
conducted
by
any
number
of
government
agencies.
The
typical
visit
for
an
employer
is
likely
to
be
a
wage
and
hour
audit
or
an
OSHA safety
inspection.
While
these
(and
any
other
agency
visit)
inspections
are
in
widely
varying
areas,
there
are
some
common
themes
for
employers
to
consider.
The
worst
time
to
prepare
a
workplace
for
an
inspection/audit
is
when
the
inspector
shows
up
at
your
door.
Here
are
a
few
quick
thoughts
should
your
workplace
receive
an
unwanted
visitor
from
the
government:
- Plan
ahead:
The
time
to
develop
a
game
plan
for
an
inspection
is
well
in
advance
of
the
actual
investigator's
visit.
Responding
to
an
inspection
in
"crisis
mode"
is
highly
likely
to
lead
to
mistakes
or
oversights. The ultimate
outcome
is
almost
certainly not
going
to
be
as
favorable
to
the
Company
as
a
situation
in
which
a
well-conceived
plan
is
in
place.
- Communicate
the
Plan:
Make
sure
all
management
team
members
all
the
way
down
to
the
lowest
level
of
management
understands
the
Company's
plan
of
action
should
an
investigator arrive. There
is
nothing worse than
failing
to
implement
a
well-planned strategy because
the individual meeting
with
the
inspector
doesn't
know the
strategy.
- Have a
Core
Team:
A group
of
individuals
on
the
management
team
should
be
designated to
handle
the
Company response
to
the
arrival
of
any government
investigator.
This
group
Continue Reading...
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Tips & Tactics -- Documenting Employee Issues
|
06/18/2010
|
By: Donald Berner
|
A
common
message
delivered
to
supervisors
is
to
document,
document,
and
document.
The
importance
of
keeping
good
records
cannot
be
said
enough.
The
records
maintained
by
supervisors
are
critical
to
employers
in
defending
claims
asserted
by
employees.
The
notes/records
made
at
the
time
tell
the
story
at
a
time
when
the
facts
and
circumstances
are
all
clear
and
unvarnished
by
bias
or
the
passage
of time.
Not
only
do
these
records
help
supervisors
remember
what
happened
at
the
time,
they
are
the
most
accurate
record
of
the
events.
The
challenge,
however,
is
to
make
sure
those
documents
are
prepared
in
the
first
place.
Supervisors
are
busy
dealing
with
the
stress
of
operating
the
business
at
the
same
time
they
are
managing
scores
of
employees
(all
with
personnel
issues
and
concerns).
Here
are
some
ideas
to
help
those
supervisors:
Have
A
System
--
Supervisors
with
a
system
are
always
going
to
be
more
successful
in
this
area
than
those
who
rely
on
chance
to
get
the
events
documented.
It
doesn't
matter how
the
system
operates
as
long
as
the
events
get
documented
and
retained.
Your
system
needs
to
be
one
that
works
with
your
style
of
leadership
and
organization.
Here
are
a
few
techniques:
- Employee
Folders
--
Maintain
a
file
for
each
employee
and
drop
copies
of
all
notes
and/or
disciplinary
documents
relating
to
the
employee
into
the
folder.
Make
sure
the
storage
location
for
the
files
is
secure.
- Notebook
--
Use
a
notebook/journal
and
make
notes
of
Continue Reading...
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Tips & Tactics Column -- Employee Evaluations
|
05/25/2010
|
By: Donald Berner
|
This installment
of
Tips
& Tactics passes
along
some
information
related
to
employee
evaluations.
Periodic --
Employers
should
establish
an
evaluation
process
to
ensure
employees
receive
periodic
feedback
regarding
the
employee's
performance. There
is
no
magic
to
the
period
to
utilize;
however,
keep
in
mind
this
is
sometimes
the
only
time
an
employee
gets
feedback
from
a
supervisor
regarding
job
performance.
Ongoing
--
Even
though
the
evaluation
process
may
only
require
an
"annual"
evaluation,
supervisors
should
provide
regular
feedback
during
the
evaluation
period.
In
other
words,
supervisors
should
not
save
up
all
the
constructive
criticism
(or
praise)
for
the
once
a
year
sitdown
with
the
employee.
Take
a
few
minutes
to
discuss
concerns
or
to
handout
praise
at
the
time
of
the
event.
Supervisors
should
make
a
note
of
these
meetings
to
assist
with
completing
any
formal
evaluation
documents
at
the
end
of
the
evaluation
period.
Honest
--
The
evaluations
need
to
be
accurate
even
if
that
means
you
might
hurt
someone's
feelings.
Performance
will
never
improve
if
the
employee
isn't
made
aware
of
the
deficiencies
and
given
constructive
guidance
on
how
to
improve
in
those
areas.
Too
often
supervisors
have
a
tendency
avoid
the
negatives
and
focus
only
on
the
positives.
Not
only
does
this
hinder
the
employee's
ability
to
improve, it
also
makes
for
bad
evidence
later
when
we
terminate
an
employment
relationship
due
to poor
performance
that
was
never
documented
in
the
evaluation
process.
Interactive
--
Use
the
evaluation
process
to
engage
the
employee
with
respect
to
the
employees
goals
and
objectives.
This
is
a
good
time
to
Continue Reading...
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|
Tips & Tactics -- Employee Discipline
|
05/11/2010
|
By: Donald Berner
|
On
a
regular
basis
I
will
be
posting
a
Tips
&
Tactics
entry
covering
a
wide
range
of
practical
employment
law
issues. This
opening
Tips
&
Tactics
column
passes
along
some
information
related
to
employee
discipline
sessions.
Investigate
--
Prior
to
initiating
any
disciplinary
action,
the
supervisory
team
should
ensure
they
have
all
the
facts. While
investigations
can
be
a
topic
of
their
own,
the
basic
idea
is
to
get
the
when,
where,
why,
what,
and
who
information
all
sorted
out
before
making
any
final
decisions.
Be
Consistent
--
Make
sure
the
disciplinary
action
being
proposed
in
the
current
situation
is
consistent
with
past
disciplinary
actions
for
similar
situations. If
this
is
a
matter
of
first
impression
make
sure
you
set
the
disciplinary
consequence
at
the
proper
level
for
future
situations
that
may
arise.
One
suggestion
in
setting
the
discipline
level
for
matters
of
first
impression
is
to
set
the
discipline
level
as
if
the
employee
involved
is
one
of
your
best
employees.
This
will
help
you
avoid
setting
an
improper
consequence
you
will
be
forced
to
live
with
later
because
of
your
focus
on
the
current
situation.
Corrective
Action
--
The
general
purpose
of
disciplinary
action
is
to
correct
or
remedy
a
deficiency
in
the
employee's
performance.
Take
the
time
to
provide
concrete
examples
of
the
behavior
being
corrected
along
with
a
plan
of
action
to
assist
the
employee
in
correcting
the
behavior.
Confidentiality
--
The
disciplinary
history
for
an
employee
is
not
for
public
release
to
the
employee's
co-workers.
Make
sure
the
disciplinary
meeting
and
Continue Reading...
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Editors
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers, the General Employment Law Guy
Jason Lacey, the Employee Benefits Guy
Additional Sources

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