p> When HR managers do internal investigations, one of the most common mistakes is to wind up the final report with a legal determination, says attorney Jennifer Brown Shaw. "Don't do that," she urges. "Just find out and report what happened." In California, for example, Shaw...

In yesterday’s CED , attorney Jodi Katz Pritikin described four of the typical attacks that will be made on your investigations. Today, the other two attacks, plus an introduction to a live investigations training event—coming soon to a city near you! Pritikin, an investigator and seminar...

Your employee's attorney's job is to undermine your investigation and point out its weaknesses, says attorney Jody Katz Pritikin. She shows how to fight off each of the six standard attacks they'll use. You must proactively prepare to defend your investigation and the decisions you make along...

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...

Under both state and federal law, you’re required to conduct a prompt, thorough, and impartial investigation following an employee complaint of discrimination or harassment. In today’s CED , a checklist for your interview of the complaining employee. Interviewing the Complaining Employee...

Although Herman Cain will not be the next U.S. president, he has the dubious honor of bringing sexual and workplace harassment back into the national spotlight. He may well have done you a favor. Although the number of sexual harassment charges filed with the EEOC has fallen slightly, there were still...

Below is a special report filed by Steve Bruce, a BLR editor attending the SHRM Employment Law and Legislative Conference in Washington, DC this week. Almost all lawsuits are preventable, says attorney Jody Katz Pritikin, and retaliation lawsuits are among the easiest to prevent. Pritikin, a featured...

One of the trickiest moments in HR is when your investigation shows that your department is implicated. In today's CED, Denise Kay, Esq., tackles that challenge, and we get a look at a special program just for smaller HR departments. Kay, who is SPHR certified, is president of Employment Practices...

Why do employers fail to investigate? asks Denise Kay, Esq. "The number one reason is that they don't know what to do. Employers are especially fearful when agencies are involved." Typical reasons that managers fail to even start an investigation, says Kay, are: They think it's cut...

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...

The more employees travel for business, the more exposure employers have - often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas...

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...

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...

Having a policy in place that forbids workplace romance is a great idea. In theory, anyway. "We have a strict ‘no-dating of coworkers' policy. That prevents harassment claims for sure." Most experts say, "Good luck with that." It's next to impossible to prevent co-worker...

One of the best tools for preventing and eliminating discrimination and harassment in the workplace is a written company policy. Such a policy should express strong disapproval of discrimination and harassing behavior and should stress that the company will take appropriate disciplinary action against...

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...