Employees are motivated to perform in several ways, some from positive reinforcement and some from negative reinforcement, which is where progressive discipline comes in. Another rationale for the use of progressive discipline is to instill a sense of fairness in employment termination decisions. When...

Employee documentation can be HR’s secret weapon. It can be used as part of a defense strategy should you ever be faced with a discrimination or retaliation lawsuit, for example. Any labor and employment attorney will tell you that one of the keys to being able to defend—or even prevent—litigation...

Generally, no, no, and no. These and other tricky ADA questions are answered in EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. First of all, remember that there is a difference between applicants and employees, and the rules concerning disability-related inquiries...

Rule number one in documentation, says attorney and trainer Allison West, is to include all the details, but you have to ignore that rule because of rule number two—be concise. When doing your documentation, it's important to offer up all the facts, says West. Paper is cheap, she adds. However...

Yesterday , we looked at textbook cases of what not to do when you receive a complaint about sexual harassment occurring on a business trip. Today, 5 tips for proper response, along with info about a valuable sexual harassment training resource. Time Is of the Essence Once a harassment complaint is made...

California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment...

Progressive discipline is a multi-step process. Today, we'll look at how to properly implement it, and the need for proper documentation. The usual steps are first oral and then written warnings, followed, if need be, by suspension without pay and finally by termination. Supervisors need to learn...

You can't ... and you shouldn't want to ... just terminate problem employees. There's a better way. Here's how to train on it. Attendance problems. Poor job performance. Safety violations. Abuse or theft of company property. If you've got problems like these at your workplace, you're...

Adam worried that a dangerous chemical was being used without proper protection, and he reported it to Cal/OSHA. His boss, Stephanie, was not happy. "Adam's wrong," she said. "There's nothing unsafe about our process. And I'm miffed he didn't come to me first. I guess he's...

"I want to fire him, but I can't." It's true that some employees are "fire-retardant"— they are in a protected class or have performed a protected act — but this doesn't mean you can't fire them. However, you do want to slow down and be sure that you aren't...

What's one of the hardest wrongful termination lawsuits to defend? The one where the "story" of the termination is inconsistent between HR, the manager, and the documentation. Here's an example: The employee's performance is poor enough that he or she has to be fired. But the supervisor...

A recent article on the HR.BLR.com website prompted quite a response by Suzanne Lucas, who blogs as Evil HR Lady. "Oh, cry me a river" she said over suggestions that employers take steps to ameliorate off-site harassment of female employees. Our writer, who had attended a presentation by Holly...

Summer is upon us, and that means an influx of seasonal teen workers at many workplaces throughout the state. You may have already looked into the special safety rules for these workers, as well as the restrictions on the hours they can work, but there's another key issue you may not have considered...

Managers always "want to get it over with" once they've decided they want to fire someone. That's no surprise, but HR can't let it happen. Step back and assess the whole picture before acting. Yesterday , we covered the critical termination policy issues that you must address. Today...

Terminations — where the rubber meets the road in HR. The most angst, the most tears (or screams), and the most lawsuits. Your terminations policy is critical. Today, courtesy of BLR's SmartPolicies ® program, we'll review the key elements your policy should cover. Compensation, Benefits...

When is it OK to fire a dishonest employee? Below, some points to consider before you take action. No one would dispute the fact that you have a right to expect your employees to be honest. You also have the right to fire the dishonest ones. Below are some important points to convey to your supervisors...

Yesterday , we looked at some of the considerations and definitions involved in managing a workforce that encompasses transgender employees. Today, some tips for promoting tolerance and respect, as well as how to deal with the practical issue of restrooms and dressing rooms. Promoting Tolerance and Respect...

" Yesterday , Dennis A. Davis, Ph.D., talked about dealing with workplace conflict. Today, we'll get his take on reacting to anger and violence, and we'll get a look at a unique program for the small (even one-person) HR department. Sometimes people think anger leads to violence, so they...

"Frontline supervisors are terrified by the idea of conflict," says Dennis A. Davis, Ph.D., "but conflict is a normal part of the work environment." Fortunately, he says, careful management of conflict can be successful in reducing or eliminating it. Davis is the director of client...

It doesn't matter if your workplace is inherently prone to harassment, or even if the harassment is by someone other than your employees — either way, you're required to investigate and correct the situation promptly. Here are 6 essential guidelines for harassment response. Responding to...