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What to Do When You Are Sued—10 Immediate Actions

Even if you follow all the best advice for avoiding lawsuits, eventually you’re going to get sued. The actions you take the instant you know about a suit can spell the difference between a quick, inexpensive resolution and a prolonged, expensive one. Here are the 10 most important things to do when you first learn […]

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Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

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Focus on the Desired Outcome

You ever find yourself faced with situation that is so screwed up that no matter what solution you come up with, it’s guaranteed to be better than what’s currently being done? You think to yourself, “There’s no way I can’t make this better than it is today. It’s going to be really easy to look […]

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Employer’s Free Speech Rights Upheld

The Ninth Circuit Court of Appeals issued an opinion this week denying the application of the National Labor Relations Board (NLRB) to have eight employees of the Santa Barbara News-Press, who were fired for engaging in union activity, reinstated.

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Dummies, Morons & Idiots

Litigation Value: $0 (which is good because Dunder Mifflin has no money left!) Unfortunately, tonight’s episode was another repeat. Matt Rita did a fantastic job covering most of the employee relations issues raised by this episode when it originally aired in November. In this post, we will discuss two moments not discussed in the previous post. First, Oscar’s […]

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Before You Can Fire, the Employee Sues. Now What?

By BLR Founder and CEO Bob Brady [The following article previously appeared on HR.BLR.com®.] Consider this scenario: An employee is a major problem. Regularly late. Misses deadlines. Difficult to deal with. Her supervisors have given good counseling along the way. The file is in good shape, clearly documenting the problem and what has been done. […]

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DOL’s Agenda Focuses on Safety and Wages

Labor Secretary Hilda L. Solis has announced the U.S. Department of Labor’s (DOL) regulatory agenda for 2010, saying, “Protecting wages and working conditions for workers is key to the mission of our department, and ensuring that workers have a voice on the job is also vital.” The agenda is expected to satisfy many union demands. […]

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300% ROI for Weight Loss Programs?

In yesterday’s Advisor, we discussed the CDC’s strategies for dealing with obesity. Today we continue that discussion, and we take a look at a unique wellness guide that could get you a 300% return on your investment. Of course, it’s not easy for most people to diet and lose weight, and then keep it off. […]

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Ban Raises Texting-Driving Issues that Go Beyond Big Rigs

The federal Transportation Department’s announcement banning texting by drivers of commercial vehicles is sure to make employers think twice about their policies even if they don’t have trucks or buses on the road. U.S. Transportation Secretary Ray LaHood made the announcement January 26 that an interpretation of standing rules prohibits texting by drivers of commercial […]

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PIPs + Progressive Discipline = Caution Required

Performance Improvement Plans — or PIPs — have become a common part of progressive discipline programs. After an initial verbal counseling, many employers use formal PIPs to set specific goals for employee improvement, and to document employee progress or lack of progress in relation to future discipline.

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