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Eighty five percent (85%) of all employment lawsuits can be prevented!
Wage and Hour: Smart Employers Play by the Rules
HR Stories From The Front Lines*
Managers often resort to creative ideas to save money in business. However, thinking outside the box about employee wages can lead to expensive litigation for the company.
Click here to learn how three managers’ creative strategies to reduce overtime costs ultimately cost their companies more money than if they had played by the rules.
Last Saturday night, Xpress Burgerz manager, Clyde, invited female employees to his apartment to “party” after their shift. Sunday afternoon, Bonnie, one of the employees who attended the party, sent Blanche, the HR Director, an email containing pictures from the party, which included pictures of the manager groping Bonnie and another female employee, and a message saying “creepy.”
After conducting a thorough investigation into Bonnie’s complaint, which included speaking with the other employees who attended the party, Blanche determined that Clyde’s conduct was unwanted by any of the female employees. She also determined that his conduct was in violation of the company’s Anti-Harassment policy, among others.
Blanche wants to terminate Clyde for this misconduct. Her only hesitation is that Clyde has recently returned to work from a workers’ compensation leave of absence and is currently on modified duty.
It is an HR Director’s worst nightmare. How should Blanche handle this issue?
Blanche should terminate Clyde because he committed a serious violation of the company’s Anti-Harassment policy. She is required to take corrective action by law.
There are too many red flags to terminate Clyde. His workers’ compensation injury and leave are too recent and he is still disabled from his injury. Any adverse action or disciplinary action can be perceived as retaliation and/or discrimination.
Blanche may be able to terminate Clyde if she has sufficient supporting documentation from an unbiased internal investigation showing that Clyde engaged in egregious and nonconsensual sexual harassment. However, prior to termination, Blanche should speak with an HR Professional or qualified employment law attorney for guidance on how to reduce the company’s exposure to a retaliation claim while still appropriately addressing the problem.
Absence Makes the Heart Grow Fonder?
Not in Employment!
When an employee is out on an extended leave of absence, employers often become dissatisfied with the absent employee’s past performance. If a temporary replacement outshines the absent employee, the employer may be tempted to replace the absent employee with a new model. Before you give into temptation, click here to learn how to handle this sticky situation.
This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.
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