View in browser | Unsubscribe

The Equal Employment Opportunity Commission each year reports thousands of complaints filed by employees in a variety of categories. Any one of these suits could be filed against your organization if you're not aware of how to avoid them. This week's articles focus on subjects that can help you handle many types of situations in ways that won't land you in court.

Do employers have the right to do background checks? Should you give your permission? (Item #1)   The pros of having a properly drafted manual should outweigh the cons. (Item #2)   Unless company policy specifically states otherwise (and even this is not assured), employers may listen, watch and read most of their employees' workplace communications. (Item #3)  

These steps will help you hold difficult conversations when people need professional feedback. (Item #4)   Employers must be proactive in order to avoid a sexual harassment lawsuit. (Item #5)   What are your rights and responsibilities regarding drug testing? (Item #6)  

As always, we look forward to hearing about your concerns with regards to business continuity. If you have a topic you'd like to see covered, please email me at bmellinger@attainium.net

Best Regards,

Bob Mellinger
President
Attainium Corp

Quote of the Week

"Your employees already work for you. Now it's your job to get them to work with you!"
- employer-employee.com -

Articles

1. Are Employee Background Checks Fair?
More employers are performing criminal background checks on new hires. In some states and for some professions, it is a legal requirement. One of the primary reasons is an increase in negligent-hiring lawsuits. In today's world, an employee can be sued for actions taken on the part of an employee. Background checks are one way the employer protects him/herself.
http://www.thirdage.com/career-transitions/are-employee-background-checks-fair

2. Why a Company Should Have an Employee Handbook - Learning the Pros and Cons
In general, employers are not required by law to issue an employee manual or handbook. The decision is largely a practical matter and not a legal one. An employer generally benefits from having an employee manual because the legal risks associated with adopting a manual are far less substantial than they otherwise would be if the at-will presumption was not as difficult for employees to overcome.
http://www.elinfonet.com/blog/index/wiki/Why_a_Company_Should_Have_an_Employee_Handbook_-_Learning_the_Pros_and_Cons/

3. Employee Monitoring: Is There Privacy in the Workplace?
Recent surveys have found that a majority of employers monitor their employees. They are motivated by concern over litigation and the increasing role that electronic evidence plays in lawsuits and government agency investigations. Employers also want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip to the water cooler logged. That's the essential conflict of workplace monitoring.
http://www.privacyrights.org/fs/fs7-work.htm

4. How to Tackle Annoying Employee Habits and Issues
If you manage people, work in Human Resources, or care about your friends at work, chances are good that one day you will need to hold a difficult conversation. People dress inappropriately and unprofessionally for work. Personal hygiene is sometimes unacceptable. Flirtatious behavior can lead to a sexual harassment problem. A messy desk is not the sign of an organized mind. Unreturned pop cans do draw ants. Here are some tips for handling these and other situations.
http://humanresources.about.com/od/interpersonalcommunicatio1/qt/feedback_com7.htm

5. Sexual Harassment and Discrimination
In a 1998 decision, the Supreme Court basically stated that the employer is responsible for the actions of the supervisor, even when the employer is unaware of the supervisor's behavior. An employer can no longer claim that they did not know about the sexual harassment because the employee did not inform them, nor can they claim that they were unaware of the supervisor's behavior.
http://www.employer-employee.com/sexhar1.htm

6. Workplace Drug Testing Employee Rights and Concerns
Drug testing in the workplace became legal when President Reagan signed "Executive Order 12564--Drug-free Federal workplace". In turn, that spawned the Drug-Free Workplace Act of 1988. Although both apply only to the workplaces of Federal employers, and Federal contractors and grantees, private-sector employers immediately followed the government's lead, because they legally could. This article provides info for employees and employers on the subject.
http://employeeissues.com/drug_testing.htm