Employee Issues

Yes, employees are one of your most valuable assets, but they also can be a source of legal problems for an employer. Hiring, firing, and other issues all hold the potential for trouble if you aren't aware of how to go about them in the best way. This week we look at some employee issues that can cause problems and what you can do to navigate the minefield of those issues.

Employee relations involves all aspects of an employee's relationship with an employer. (Item #1)     Small companies aren't immune from workplace behavior problems. (Item #2)     If you have determined that there is a need to monitor employees' computer usage, you need to know the legal risks. (Item #3)    

What companies don't know about a job applicant can hurt them. (Item #4)     You can fire employees legally and ethically. (Item #5)     Sooner or later, every employer will face the need to investigate one or more of its employees. (Item #6)    

As always, we look forward to hearing your comments & insights regarding business continuity. If you have a topic you'd like us to cover, email me at [email protected].

And finally, on the eve of the anniversary of September 11th -- "Never Forget."

Bob Mellinger, President
Attainium Corp

1. Examples of Employee Relations Issues

Human resources personnel, managers and supervisors maintain the employee-employer relationship by implementing employee policies that establish rules regarding performance, conduct, conflict of interest and discipline. Managing employee relations issues help employers correct inappropriate behavior, as well as promote a structured and productive workplace.
http://smallbusiness.chron.com/examples-employee-relations-issues-11538.html

2. Five Problem Employees and What You Can Do About Them

Problem employees inevitably surface in most workplaces and small companies aren't immune. Sometimes, the problems are obvious, such as attendance issues or a failure to deliver results. Other times, a workplace harbors a problem and you might not immediately know the cause, says attorney Lisa Guerin, co-author of Dealing with Problem Employees.
http://www.entrepreneur.com/article/220132

3. Legal Issues Involved in Monitoring Employees' Internet and E-mail Usage

E-mail and the Internet are designed to make the workplace more efficient, but these tools also expose employers to new types of employment law claims, including e-harassment. Some employers may decide to monitor the use of e-mail and the Internet to limit their exposure to discrimination and/or harassment claims. In addition, employers also are concerned about employees sharing, intentionally or inadvertently, the company's trade secrets and other proprietary or confidential information with competitors. Employers may also seek to limit personal use of e-mail and the Internet because of the added strain on limited resources (e.g., server and hard drive storage space) and the potential loss of employee productivity. Unfortunately, without a full understanding of the risks, employers may open themselves up to potential lawsuits.
http://www.iabc.com/cwb/archive/2004/0304/legal.htm

4. Negligent Hiring: Employer Risk

Most businesses and organizations are familiar with negligent hiring. But are all taking the necessary steps to avoid bad hires? No employer is invulnerable to litigation resulting from negligent hiring practices. And in a weak economy, with theft and violent incidents increasing, it's essential for employers to establish effective risk prevention measures.
http://www.iso.com/Research-and-Analyses/ISO-Review/Negligent-Hiring-Employer-Risk.html

5. Employment Terminations - How to Avoid Legal Problems

The decision to terminate an individual's employment carries with it the risk of a possible legal challenge. Depending upon an employer's policies or whether an employee has an employment contract, an employee may, for example, have a breach of contract or wrongful discharge claim.
http://humanresources.about.com/od/legalissues/a/terminations.htm

6. Workplace Investigations - Basic Issues for Employers

More and more employers are recognizing what an important tool a workplace investigation can be in discovering problems and preventing their reoccurrence. This paper is a brief survey of the most important legal issues for employers to know about before undertaking any investigation of employees.
http://www.twc.state.tx.us/news/efte/workplace_investigations_basics.html