Category: Archive

Issue: A valued employee suffers an on-the-job injury, and because your company wants to do the right thing, you foot the bill for the employee’s medical benefits. But what happens when your company decides to discontinue the payment of benefits—much to the worker’s dismay? What are the consequences to your company?

Answer: In another case of a good deed never going unpunished, voluntary payments made in lieu of workers’ comp that’s ordered through the usual legal channels can end up vexing your company in the long run.

An employer that offered a depressed worker full disability for one year and temporary total disability for a second year was accused of relegating the employee’s workers’ comp claim to the “back burner.” In its reasoning, a California court cited the importance of investigating and resolving claims in the few months following the injury, when memories are fresher and other evidence is readily available.

The employer remitted good-faith payments instead of rejecting the worker’s claim within the 90 days following her injury. As a result, a presumption set forth under California law kicked in, providing that work-related injuries are presumed compensable if not rejected within 90 days of the claim. This presumption is of particular importance in cases where the proof is closely balanced, such as when it is the worker’s word against that of a supervisor.

Thus, although it seems unseemly to tell an injured employee to “just sue me,” this may be the best course of action for both parties. And, of course, more conciliatory language can be related when the matter is discussed.

Cite: Williams v. Workers’ Compensation Appeals Board, City of Pismo Beach, et al., California Court of Appeal, G024467, September 17, 1999.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Some common situations that may leave you tongue-tied:

Your best employee tells you she’s thinking of quitting:

“Thank you for coming to discuss this. Your career is important to me, and I’d like to help you succeed. What do you think would make you fully satisfied with your work?”

Your boss complains to you about a problem that you’re in no position to solve:

“I wish I had some say in the matter, because then I could try to fix it. Who do you think would be the best person to handle this?”

Your boss boss demands that you “get rid of the deadwood” on your staff:

“You’re right, I’ve got some poor performers. For a few, I’m laying the groundwork for proper termination. I m sure you don’t want any lawsuits. That s why I’m moving more slowly than we’d like. But I’m just as determined as you are to get the right people in here.”

Your colleague confesses that he falsified his expense reports:

“You should really be telling this to your boss, not me. The sooner you come clean, the sooner you’ll regain your credibility and learn from the experience. But if you wait much longer, you could be fired.”

SOURCE: Reprinted with permission from Working Smart. Copyright © 1999 The National Institute of Business Management, McLean, VA. (800) 543-2049.

It’s important to realize that the best creative workers are largely self-motivated—it’s the quality of their work that matters most. Therefore, companies should invest in the kinds of resources necessary for these employees to do their best work.

• Give creative people tools and resources that allow their work to shine. Whether it’s the latest “toys” in the way of equipment and technology, being able to spend money on a quality photo shoot, or simply sufficient materials and space, creatives derive satisfaction from seeing their work produced in a quality manner.

• Provide ongoing recognition and appreciation. Although creatives are self-motivated, they still require and respond to external recognition. Ideally, this recognition should come from creative managers who understand the creative process and can appreciate good quality work.

• Keep in mind, there’s no one-size-fits-all creative. Even creatives that do basically the same thing can demonstrate great variety and skill level.

 

SOURCE: “Strategies for Managing Creative Workers” by Shari Caudron, December 1994. Copyright ACC Communications/ Personnel Journal. All rights reserved.

 

While Title VII of the Civil Rights Act of 1964 permits religious expression by employees, supervisors and managers, it prohibits religious harassment. Harassment because of religion may not be as frequent as sexual, racial or ethnic harassment, but it is still unlawful. Although religious harassment can take many forms, two broad categories of religious harassment are (1) coercing employee participation or non-participation in religious activities, and (2) hostile work environment. Below are explanations and examples from the EEOC regarding these two categories of religious harassment.

 

Coercing religious participation or non-participation

A supervisor or manager may not explicitly or implicitly insist that an employee participate in religious activities or hold particular religious views as a condition of continued employment, promotion, preferred job assignments, or any other benefit or privilege of employment. Nor may a supervisor insist that an employee not participate in religious activities outside the workplace or not hold particular religious views. Such conduct would constitute religious harassment in violation of Title VII.

On the other hand, supervisors may engage in religious discourse or expression that cannot reasonably be perceived by employees to be coercive. Even if coercion is not intended, supervisors need to be careful that their statements and actions cannot reasonably be perceived to be coercive.

• Example: During a conversation about weekend activities, Supervisor Bob tells one of his employees that he very much enjoyed Saturday morning synagogue services, that religion is an important part of his life, and that he is planning to invite the employee to his daughter’s upcoming bat mitzvah. Without more, Bob’s statements could not reasonably be perceived to be coercive and would not violate Title VII.
• Example: Supervisor Jane, who is a born-again Christian, tells an employee who is not a born-again Christian that she considers the office to be “a place of God,” and that if the employee is unwilling to shape up and “play by God’s rules” the employee will be replaced. These statements are explicitly coercive and would constitute religious harassment, according to the EEOC.
• Example: Upon her arrival at Creative Corporation, a co-worker tells Sharon that the boss favors employees who belong to his religious sect. Over the next year, Sharon observes that promotions, raises and preferred assignments are given only to employees in the boss’ religious sect. When Sharon is denied a raise, despite her eligibility and excellent performance, she files a charge alleging religious discrimination. On these facts, the EEOC would likely find this course of conduct to be implicitly coercive and thus, in violation of Title VII.

 

Hostile environment harassment

Title VII also protects employees from a religiously hostile work environment, whether created by a supervisor or co-workers. As in cases of sexual or racial harassment, whether a particular employee’s work environment is “hostile” for purposes of religious discrimination depends on the totality of the circumstances. This includes the frequency and severity of the harassing conduct, whether the conduct is physically threatening or humiliating, and whether the conduct unreasonably interferes with the employee’s work performance. The key question is whether, on balance, the harassing conduct is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment, when judged both objectively (using a reasonable person’s standard) and subjectively (from the actual perspective of the affected individual).

Repeated use of religiously derogatory language can constitute hostile environment religious harassment. A single incident, if sufficiently severe, could also constitute harassment. Also relevant to whether there is a hostile environment is whether those who engage in the harassing conduct are co-workers or supervisors, whether the employer knew or should have known of the harassing conduct, and the actions, if any, the employer took to prevent or stop the conduct. An employer that takes prompt and effective action to stop religiously harassing conduct may avoid liability for that conduct.

• Example: During the course of an argument in the office, one employee makes a derogatory comment about the other’s religion. Subsequently, no more is said. One isolated utterance, generally, will not constitute religious harassment, unless the utterance was so severe as to alter the conditions of the insulted employee’s employment.
• Example: A group of employees engage in a pattern of verbal attacks on another employee, ridiculing his Shinto religion. The employees openly and repeatedly refer to their co-worker as a “Godless pagan” and “the heathen,” including at staff meetings and in front of their supervisors. After the supervisors fail to stop the attacks, the employee files a charge with the EEOC. This pattern of conduct is sufficiently severe and pervasive to alter the co-worker’s working conditions and constitutes religious harassment, according to the EEOC.

 

SOURCE: “Religious Discrimination; Employment Discrimination Prohibited by Title VII of the Civil Rights Act of 1964, as amended” by the United States Equal Employment Opportunity Commission Technical Assistance Program. May 1999. (Revised).

SOURCE: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Issue: An employee lives approximately 15 miles from his employer’s offices. The employer is moving its offices to a suburban location on the opposite side of the city. How far do the new offices have to be from the employee’s present residence for a move to a new residence to be allowed as a deduction?

Answer: The new offices have to be at least 65 miles from the employee’s present residence in order to qualify for a deduction for moving to a new residence. According to what is commonly called the “50-mile test,” the distance between the employer’s new principal place of work or business and former residence must be 50 miles greater than the distance between the employee’s former primary place of business and former residence. In other words, the commuting distance must have increased by at least 50 miles.

Distances must be computed on the basis of the shortest of the more commonly traveled routes between the two points. If an employee had no former principal place of business, the new place of work or business must be at least 50 miles from the former residence. Following is a list of common relocation expenses and whether or not they qualify for a deduction:

Nondeductible expenses:

• expenses for meals
• pre-move house-hunting trips
• expenses incurred during a stay in temporary quarters for up to 30 days in the general location of the new job
• the costs of selling an old residence and buying a new residence

Deductible expenses:

• moving household goods and personal effects from employee’s former residence to new residence
• storing and insuring household goods and personal effects (this must occur within 30 days after the day the goods are moved from the former residence)
• travel from the former residence to the new place of residence. A deduction is allowed for one trip only.

Note that for the above expenses to qualify for deduction, they must be reasonable, and the move must bear a reasonable proximity both in time and place to the commencement of work.

SOURCE: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Determine exactly what the jobrequirements are before looking at any resume—or even placing an ad. It salmost impossible to find qualified candidates if the job requirements areunclear. In addition, think of what the organization needs for excellent jobperformance in two categories: Can-do criteria (tangible functional skills);and will-do criteria (intangible attitudes, attributes and fit).

Reread job descriptions andconsult with others in the company to enhance criteria selection. Brainstormand write down key criteria in order of importance.

For example, the managementinformation systems (MIS) department is looking for a programmer/analyst.

A list of can-do criteria mightinclude:

·Four years data processingexperience, systems design and programming expertise in COBOL and RPG in a DOSenvironment

·Knowledge of online and batchsystems

·Familiarity with DOS, JCL andutilities with VSAM/SAM

·College degree in math orcomputer science

·Knowledge of insurance,financial services, accounting or similar industry.

A list of will-do criteria couldinclude:

·Detail-oriented

·Problem-solving ability

·Ability to work well underpressure

·Liason ability

·Time management skills

·Team player

·Innovative.

With this list in hand, you ll beable to evaluate potential candidates much more effectively.

SOURCE: RecruitmentToday, “The Right Way to Read a Resume, Spring 1990, Vol. 4, No. 2, Reprint#72. Copyright c 1990 by ACC Communications Inc. All rights reserved.