Archive for December, 2004
Tis’ the Season (To Think About the Law)
Continuing what seems to be our blawg’s mini-series on employment law issues during the December holiday season, this piece from hrhero.com addresses what type of items (e.g., Christmas tree; Menorah; etc.) can be on display in the workplace.
This article begins by distinguishing between public-sector and private-sector organizations, stating that:
Public or governmental employers may not [...]
There are limits to "Have it Your Way" at Burger King; $400,000 paid to settle teen sexual harassment case
The EEOC issued this press release on Monday:“Burger King Franchise Pays $400,000 for Alleged Sexual Harassment of Teens”
This has local interest for us as it is a St. Louis County case.
The $400,000 is to be paid to seven female employees — and their attorneys of course. Additionally, significant nonmonetary relief includes:
[E]xtensive sexual harassment training [...]
Giving A Christmas Time Bonus to Your Employees? It May Cost More than You Think (If they are non-exempt workers!)
Many years ago, when I worked for a management consultant, I received a large end-of-the-year bonus. There was something especially exciting about receiving an unexpected bunch of money (I think it was a few hundred dollars). Since I haven’t received anything nearly that large of a bonus in about 25 years, I remember that day [...]
Not For Small Businesses Only: Five Key Steps to Protect Against Employment Litigation
In many Federal district courts, employment-related litigation represents 50% or more of all court filings, and approximately 98% of lawsuits are resolved outside of court.
Small businesses (i.e., businesses with fewer than 50 employees) are not exempt either. This newsletter notes that it is not uncommon for such businesses to have 3 or 4 claims of [...]
Two other attorneys’ lessons from the Bill O’Reilly harassment case
A month ago, I put in my two cents worth about the Bill O’Relly harassment case and its settlement.
I’m sure much more has been written about this than I’ve had time or inclination to search out, but here are a few good ones I’ve run across since then. (As usual, apologies for my [...]
Sponsoring A Company Winter Holiday Party? Better Contact Your Attorney First!
Sponsoring A Company Winter Holiday Party? Before you contact a caterer, you had better contact your attorney first. Too many chances for something to go wrong. Now, Fisher & Phillips was kind enough to provide a nice overview of some key things to do and some key things NOT to do for this party.
Key advice [...]
Personality testing part I — Michael rethinks use of personality tests for hiring
(FAKE INKBLOT FROM FAKE RORSCHACH TEST)
Michael has previously written in this blawg about personality testing and employee selection (see here and here)
At the time of the earlier of his posts, he and I had some interesting conversation on the subject, and I drafted a lengthy post that I never posted.
Now Michael has written [...]
What Happens to the Messenger With the Bad News? Telling People They Are Being Terminated and Surviving the Ordeal
Most managers dread having to fire people (I assume there are some exceptions to that!), but how does one most effectively deliver the bad news?
This article reviews some of the basics in communicating the bad news. I suggest that anyone faced with this responsibility carefully do at least one thing:
Plan carefully!
Read this
article to get [...]
That "Difficult To Get Along With" Employee Might Just Be Protected Under ADA
Almost everyone can think of a coworker or subordinate who was just difficult to get along with. He or she argued with people, acted unpleasantly, and was generally someone you avoided.
Now, he or she may just be protected under the ADA. At least accoding to some courts. But not others. How is this possible? I [...]
Handling Those Embarrassing Interview Moments: Advice for Job Candidates
This article appeared recently in the Wall Street Journal, and it is definitely worthwhile reading for job candidates.
The advice concerns what to do in various difficult interview spots, such as when you don’t really understand what question was just asked. For example, the article describes the following story:
In his memoir “Kitchen Confidential,” New York chef [...]
Standardize, Standardize, Standardize: And Don’t Give "Special Instructions"
Here is another great case study, from AHI’s website:
The story begins with Mac Brewer, an ex-convict who had spent four years in prison, called a local large transportation company in his area seeking employment as a truck driver. He spoke at length with the company’s recruiter, Dirk Stebbens, and informed Dirk that he had been [...]
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