Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 1/20/19 we learned 13 ways to improve written warnings and manage employees better. Yep. Written warnings – those things you use to record when something needs to change, how it should change, and when the employee was advised of it. Written warnings should be a guidepost for the employee and a record for the employer. So how to make them better for both? First, be specific about the offending conduct. The rationale and use of the details are in the post. Next, provide the real reason for the warning (and not what sounds better). As noted in the post, do this to protect the company in case of any future litigation. Third, connect the employee’s conduct to a rule or policy. Again, this helps with uniform enforcement and provides a defense in case of potential future litigation. Ten more tips are in the post – read and use them.
TAKEAWAY: Written warnings are not just busy work – they can make or break defense of a lawsuit, so help yourself before there is a suit by improving the warnings.
The post on Monday 1/21/19 told us about a settlement in a racial discrimination suit against a former car wash owner. The post follows and updates our earlier post. If you recall, the managers were accused of discriminating against Hispanic employees and making them work at the managers’ homes for no extra pay. The settlement involves payment of $300,000 plus the other things in the post. And will former employees share in the largesse? See the post. To recap, some of the allegations were that employees had to drink unfiltered water, use a unisex bathroom that had a camera, and more in the post. The former owner entered into a settlement prior to this one (perhaps because he wants his pending medical cannabis dispensary license to be approved?).
TAKEAWAY: Don’t treat one group of employees worse than any other group – it will come out and you will be worse off than had you just played the game legally. Consult employment law counsel if you are not sure how to proceed.
In the post on Tuesday 1/22/19 we suggested that you know who is responsible to repair what damage to a unit within a homeowner or condo association – and what happens if insurance is involved. The first step is always to check the Governing Documents (Declaration, Bylaws, Rules and Regulations). Knowing what applicable state law says is also helpful. And then look at the insurance policy to see what is covered. How that might play out is walked through in the post. And, if necessary, consult an attorney if more than one insurance policy is involved to ensure both pay what they should be paying. The post gives some examples.
TAKEAWAY: Damage is both emotionally and financially draining – make it easier all around by knowing where responsibility lies for what items.
The post on Wednesday 1/23/19 told us that UPS is to shell out $4.9 million to settle a religious discrimination lawsuit. What was the suit about, you ask? Allegedly UPS excluded employees from certain religious groups, including Muslims and Sikhs, from promotion opportunities and based it on an appearance policy. The post details more religious groups who were allegedly excluded. The post also mentions the appearance policy that was supposedly violated by the subject employees – but of course UPS forgot that religious beliefs can trump a company’s rule. How it did that, and what it did instead, are in the post. The suit was filed in mid-2015 and recently settled.
TAKEAWAY: In case you didn’t get it the first time we said it, we will say it again: treat all employees the same – unless there is a valid legal reason for different treatment. And then double-check with employment law counsel to keep you on the right foot.
In the post on Thursday 1/24/19 we saw that the NLRB General Counsel upholds workplace civility rules. And yes, this applies to non-union workplaces too, so you care. Unsure what “workplace civility” means? The NLRB was applying it to rules enforcing a positive workplace even though it got knocked down by several court decisions. But now things have changed – and the General Counsel issued a memo on the change. The post has more detail on the background and the rule at issue. Before the change, the rule would have been found in violation of the NLRA; now, not so. Good news for employers. See the post for an outline of the type of wording that now passes muster.
TAKEAWAY: To ensure your policies do not run afoul of the National Labor Relations Act, even in a non-union workplace, consult with labor and employment law counsel.
The post on Friday 1/25/19 told us that a woman claims in a lawsuit that former boss forced her to adopt Scientology. Was this legal? Julie worked as a receptionist at a physical and occupational therapy business. She filed suit alleging that Jeff, her boss, forced her to adopt Scientology or forego a raise and promotion. Examples of what happened are in the post. She did not adopt Scientology. What she says happened next is in the post. So far there is no response to the suit by her former boss.
TAKEAWAY: Managers can believe in whatever religion they want, but they cannot force their beliefs on others if it violates the others’ religious freedom and beliefs. Train your employees.
Finally, in the post yesterday 1/26/19, we learned that Jackson Energy agreed to payout for injured Meridian dispatcher in EEOC disability discrimination case. Apparently both the first and the second times are the charm. The energy company agreed to its second settlement with the EEOC in 2018. So what was this one about? Jackson fired Penny in November 2015. At that time she was recovering from surgery and needed PT. More of the background is in the post. To return to work, Peggy asked for what she thought was a reasonable accommodation, but the company refused. What did it say was the undue hardship? See the post.
TAKEAWAY: Wow, let’s say it yet again – treat all employees the same, and take seriously any request for accommodation, especially when it’s an easy one to grant/approve. Talk to your employment law counsel before s/he becomes your trial counsel.
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