Labor & Employment Law

Workplace Investigation Tip: Other Evidence to Consider

Posted on December 06, 2012
The success or failure of any investigation often can hinge on additional evidence that you consider to fail to consider. Make sure you always have copies of relevant organization policies readily available for quick reference, and be sure you have reviewed them prior to your meetings with witnesses...

Workplace Investigation Tip: Considerations in Selecting an Investigator

Posted on November 08, 2012
It is imperative that those responsible to selecting investigators consider the following: 1. Knowledge of the Industry - An effective investigator will have knowledge of the industry in question to the extent that such knowledge is relevant to the case at hand...

Workplace Investigation Tip: Outside Investigators are not Tainted by Internal Politics

Posted on October 04, 2012
Considering the disruptive nature of investigations in the workplace, it is important to minimize the political backlash or upheaval that occurs as a result. Separate and apart from the issue of retaliation, the very fact that the investigation is conducted by someone in-house places that person and all of the witnesses, the accused and the accuser in awkward positions...

Workplace Investigation Tip: The Right Outside Investigator is Professional and Has Experience

Posted on September 13, 2012
An individual who specializes in investigations will likely have significantly more expertise than either an in-house staff member or an outside attorney. In-house staff members are often pulled between the need to conduct the investigation and the many other responsibilities they have...

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Workplace Investigation Tip: The Right Outside Investigator is Neutral and Objective

Posted on August 09, 2012
Plaintiff's counsel, internal cynics and other doubtful employees often question the neutrality and objectivity of the investigation. Human resources, typically viewed as being aligned with management, and management itself find themselves in an untenable position that they often ignore...

Workplace Investigation Pitfall: The Traditional Paradigm

Posted on July 12, 2012
A workplace investigation is typically conducted under a variety of scenarios. First, the human resources department conducts the investigation, reports its findings to management, disciplinary decisions are made, and, in the event of litigation, the human resources professional is deposed and serves as a witness for the defense...

Workplace Investigation Pitfall: Failure to be Able to Explain What You Did in the Investigation and Why You Did It?

Posted on June 14, 2012
When assessing the objectivity and thoroughness of an investigation, hindsight brings a number of concerns to light. At the time of the investigation, something the investigator did seemed like a good idea at the time, and yet many years later in a deposition or complaint, these actions are called into question or criticized as compromising the integrity of the investigation...

HR: Don't be Anyone's Scapegoat

Posted on June 04, 2012
Weak managers love to dump their responsibilities on others.  Worse yet sometimes these weak managers hold very senior level positions in your organization.   Imagine the weak manager that is afraid or unwilling to address a performance problem with an employee...

Recuse Yourself from the Yucky Stuff

Posted on May 29, 2012
Striking and maintaining a delicate balance between being the advocate for employees and a member of management can place the human resources practitioner in a slew of awkward positions. The effective human resources practitioner will know when he or she can be objective and when it is time to recuse him or herself from the situation...

Yes, you are an Employee Advocate, but You are Still "Management"

Posted on May 21, 2012
Employees see you as management.  The key is that you need to be prepared to strike a delicate balance between being aligned with management and being an advocate for employees. You represent the interests of the employer but must still use your skills at conflict resolution, fight for employees who are being mistreated and challenge management when decisions are made which will have a negative impact on employees...

Integrity and Confidentiality - Loose Lips Sink Ships

Posted on May 14, 2012
Nothing kills a human resources career more easily than loose lips. Many employees are wary of discussing matters with the human resources department to begin with. Still, all one has to do is betray the trust of another and word will spread like wild fire throughout the organization...

Speak Up!

Posted on May 07, 2012
No one will advocate for employees as well as the HR professional. This is one of the areas in which you can shine. When employees are being treated poorly, open your mouth. When an employee is being unnecessarily favored, open your mouth. When a decision is being made by management that adversely affects an employee or a group of employees, step up and open your mouth...

Workplace Investigation Pitfall: Failure to Ask the Hard Questions

Posted on May 03, 2012
Workplace investigations concerning conduct that is graphically sexual in nature or concern such topics as child pornography, for instance, often require a strong stomach. They can be awkward, embarrassing or just plain sickening. An investigator who does not have the stomach to ask direct and, at times, what could be perceived as disgusting and shocking questions, should not conduct the investigation...

Get Certified, Get a Degree or Get Both

Posted on May 01, 2012
Many of us obtained our degrees years ago – mine when human resources was called 'Personnel.' Many others don't have formal training in either human resources or business. Worse yet, many haven't been in a classroom of any kind in years. Why should you get a related degree, advanced degree or obtain your human resources certification? If you have not been to school in a while it will broaden your horizons in an exhaustingly amazing way...

Know Your Stuff

Posted on April 30, 2012
Everything you do and that comes from your department better be perfect - completely perfect. If it's not perfect you will destroy your credibility. If another department makes a mistake or handles something inartfully or, worse yet, completely blunders, that's one thing...

Get Out of the Ivory Tower and Avoid Human Resources Speak

Posted on April 23, 2012
There are still employees who think that human resources resides in an ivory tower. Look at your surroundings. Do you have a gate keeper that greets employees before they can see you? Does your organization have so many employee self-help tools that the standard answer is 'go to the website?' Do you have doors and windows that separate you from the masses? Do you spend the entire day in your office without seeing employees other than those you work with? That's like the technology manager not seeing computers...

The Employee Handbook is Not Your Handbook

Posted on April 09, 2012
Human resources is the keeper of policies not the owner of policies. This is an area where I have particularly strong views and these have always served me well.  For example, it's really OK to ask for input on policies.  The more you do, the less likely you will be perceived as shoving them down the throats of your management and employees...

Workplace Investigation Pitfall: Failure to Interview All Witnesses

Posted on April 05, 2012
Somewhere along the way long after the investigation is complete, the question will be raised regarding who was interviewed and why. Like a television crime show, questions will surface about mysterious witnesses who were not questioned. Obviously, hindsight helps to bring clarity...

Help an Employee Personally

Posted on April 02, 2012
Managers aren't the only ones that refer to the human resources department as 'they.' Employees not only view them in similar fashion but often perceive that the human resources department has omnipotent powers. They think rules come from human resources...

Help a Manager Improve Someone's Performance

Posted on March 26, 2012
The human resources professional's job is to help improve performance. Nowhere else can the human resources professional shine than in helping a manager improve his employees' performance. All too often managers are too close the situation, feel a lack of confidence in managing employees and need a sounding board when faced with a problem employee...

HR Should Make the Rounds...

Posted on March 19, 2012
...even when you are not going to fire or discipline someone. Human resources professionals who travel to satellite facilities often earn a reputation of showing up just to terminate someone. Even those that spend most of their time in their own office develop reputations as only coming out when someone is about to go...

Beware How You Fire or Discipline Employees

Posted on March 12, 2012
Poor performers, insubordinate employees and those that act with a lack of integrity deserve to be fired.  It's how it is done that matters. When employees are disciplined or terminated in an embarrassing, demeaning or undignified manner, the reputation of the organization is harmed on many fronts - from the community perspective to the reputation of human resources...

Workplace Investigation Pitfall: Failure to Follow Organizational Policies

Posted on March 08, 2012
Really. One of the most obvious sins is when an organization fails to follow its own policies. Although seemingly illogical, when there is a decentralized process of employee relations, it is not at all uncommon for policies to administered differently throughout an organization...

Please Don't Treat Everyone the Same!

Posted on March 06, 2012
It should come as no surprise that I teach employment law. Every so often someone articulates rather assertively that organizations have to treat all employees equally. No, organizations do not have to treat all employees equally. They have to treat them equitably...

Why HR Professionals Should Act Like Consultants

Posted on February 27, 2012
When I became a consultant I learned several things. First, if I didn't work I didn't get paid. At work, I got paid whether I worked or not. Second, consultants are hired to solve problems and employees are hired to do work. But, consultants are generally paid more than employees...

HR Professionals: Know Your Numbers

Posted on February 21, 2012
Measure something! OK, not anything. Measure something that matters even if in the most rudimentary way. You do not need fancy formulas, spread sheets or calculations. Focus in your area on an expense, a utilization, a loss, etc. and find a way to improve it...

Attend a Staff Meeting - Not Your Own

Posted on February 13, 2012
One of the greatest compliments any human resources practitioner can receive is a request to attend a staff meeting of department because the manager feels he/she is a valuable contributor and leader. Unfortunately, this does not always happen naturally...

Workplace Investigation Pitfall: Failure to Take the Complaint Seriously

Posted on February 09, 2012
How does the recipient of the complaint know how seriously to consider it?  Offhanded comments can amount to putting the employer on notice that something awful is bubbling under the surface.  Unfortunately, these comments may be brushed aside by the untrained or unwary...

Learn Your Industry, Know Your Company's Competition, and Know How Your Company Makes Money

Posted on February 06, 2012
Most organizations sell a product, sell a service or receive funding for their operations. You job is to understand how that money comes in, how it is spent, and how and/or when the organizations makes money. You know that you understand this when you can explain it, in detail, to someone else...

Solve a Business Problem - Even a Small One

Posted on January 30, 2012
Human resources professionals are often referred to as 'they.' Usually when described in such a way, there is usually a finger pointing to 'over there.' This infers that human resources is somehow distinct and separate from management and employees...

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