Many employers understand the need for having a neutral reference policy (i.e., a policy whereby only dates of employments, positions held and sometimes last salary is disclosed). The policies help prevent and defend against potential defamation claims by former employees. Last week, I attended a panel discussion on Post Employment Conduct by Employers and Employees: Not the
What Rights Does the Accused Have in Response to a False Harassment Complaint?
I have already written about the Herman Cain story and won’t opine further on it here except to say, I have no idea who is telling the truth in the he-said-she-said (and she-said; and she said) story. The headlines do remind me about what little rights the accused harasser has when, as Herman Cain claims, a false complaint of harassment has been made. And before you start sending me the hate mail over this HSO, read the remainder of this post.Continue Reading What Rights Does the Accused Have in Response to a False Harassment Complaint?
Penn State Scandal Has Lessons for Texas Employers
The recent scandal at Penn State University is both shocking and troubling. That high level officials of a such a prestigious university would allegedly overlook or cover-up allegations of the sexual abuse of a child is truly reprehensible. Notwithstanding the intense media coverage of these events, each of those accused is presumed innocent until proven guilty.
Texas Rangers Investigation Reminds Employers to Adopt Formal Policies Against Surreptitious Recordings
The Fort Worth Star Telegram has reported that the Texas Rangers are investigating the leak of Manager Ron Washington’s pre-game speech to the team before Game 7 of the World Series. The speech was reportedly taped by a member of the clubhouse staff and then leaked to JoeSportsFan.com. You can listen to the
A Most Ridiculous Employment Regulation
@RussellCawyer FMLA “Family and Medical Leave Act”
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Applicants with Trouble Going “Tinkle” May Be Entitled to Take Other Forms of Drug Tests as Reasonable Accommodation
@RussellCawyer “Shy Bladder Syndrome” ADA “Reasonable Accommodation” EEOC
Continue Reading Applicants with Trouble Going “Tinkle” May Be Entitled to Take Other Forms of Drug Tests as Reasonable Accommodation
FMLA Doesn’t Always Require Reinstatement to an Equivalent Position
While the FMLA normally requires an eligible employee be reinstated to an equivalent position at the end of his FMLA leave, the employee has no greater right to reinstatement than if the employee had been continually employed. Thus, there are several situations where an employee is not entitled to reinstatement.
First, where an employer conducts a layoff or reduction
Employers Should Provide Cell Phones to Their Sales Force
Employers should provide (and pay for) the cell phones and other PDA’s used by their sales force. Why? So that the company is entitled to, and can insist on, the return of the telephone, the assigned telephone number and the contacts and other wealth of information contained on those devices when the employment relationship ends. If
Choosing the Investigator
Prompt and thorough investigations of complaints of harassment and discrimination can provide solid legal defenses to employee lawsuits. Even where there may not be a technical, legal defense (e.g., supervisory harassment resulting in an adverse employment action), investigating employee complaints of inappropriate behavior can paint the employer in a favorable light and is just a good
Banning E-Cigarettes in the Workplace –an Update.
One of the most popular posts (i.e., most read) I’ve written is one I published two years ago on whether employer can or should ban the use of e-cigarettes in the workplace. Some employers have gone so far as to implement the complete ban on the use of all products containing nicotine –both during and after work.