Blundering into Liability: Unwitting Creation of Employment Contracts.

You think you are an employer at will. Think again! This article discusses how employers too often create binding contracts of which they are completely unaware-until the employee or former employee seeks to enforce the "contract" and collect on the liabilities the organization did not know it had. Such lack of awareness may lead to the creation of full-blown contracts of employment, or a variety of mini-contracts that can be enforced for smaller, specific issues, or huge liability for wages and commissions. It may even eliminate the ability to enforce the organization's work rules and discipline. This article focuses on the contract area.

It was just a joke: improper comments and practice liability.

There can be a fine line between humor and harassment, and that line is now frequently explored in litigation. A racial, sexual, or ethnic joke or bullying comment is not nearly as funny in the courtroom as it was in the break room. In addition, a practice's owner or partner can be utterly undefendable. This article casts light on crucial issues of workplace humor, banter, and liability.

Use or abuse of computers in the workplace.

Is your computer system about to become your next liability by the misuse of computers in the workplace? "E-discovery" reveals evidence of harassment, discrimination, defamation, and more. Yet employees also sue when the employer improperly intercepts electronic messages the employees claim were "private." Employers need to be aware of the issues of use, misuse, and rights to properly monitor and control the electronic system. Learn the current issues, legal trends, and practical pointers for your electronic operations.

Validity in the hiring and evaluation process.

Validity means "based on sound principles." Hiring decisions, discharges, and layoffs are often challenged in court. Unfortunately the employer's defenses are too often found "invalid." The Americans With Disabilities Act requires the employer to show a "validated" hiring process. Defense of discharges or layoffs often focuses on validity of the employer's decision. This article explains the elements of validity needed for sound and defendable employment decisions.

Performance evaluation, part 3: Communicating with employees in the evaluation process.

In the first of three articles (MPM 2005; Vol. 20 #5: 229-232), the author reviewed the broad concept of performance evaluation, defined the term validity in the evaluation process as a standard derived from court decisions, and detailed objective criteria that managers should follow in rating employees. The second article (MPM 2005; Vol. 21 #1: 21-26) stressed the development of standards, cited examples applicable to daily practice, and detailed errors that are commonly made in rating personnel. This last article covers the very important topic of communicating the results of performance evaluation with employees.

Performance evaluation, part 2: developing performance standards.

In the first of three articles (MPM2005; Vol. 20#5: 229-232), the author reviewed the broad concept of performance evaluation, defined the term validity in the evaluation process as a standard derived from court decisions, and detailed objective criteria that managers should follow in rating employees. This second article stresses the development of standards, cites examples applicable to daily practice, and details errors that are commonly made in rating personnel.

Office parties, drinking and driving, and employer liability.

Office parties are fun. They boost morale. They can also go over the line and result in company and personal liability. Holiday parties have ended up in court. This article explores "the line" between a good time and liability. What should you be aware of to protect your company and you?

Performance evaluation, part 1: definitions and criteria.

In this first of three articles, the author reviews the broad concept of performance evaluation, defines the term validity in the evaluation process as a standard derived from court decisions, and details objective criteria that managers should follow in rating employees.

Employee discharge liability: the straw that broke the camel's back.

Employers are frequently confronted with workers who do not perform adequately. It is important to document and communicate dissatisfaction with an employee's performance as failings become evident. Efforts at remediation of the deficiencies must also be recorded. This article outlines the pitfalls of employee discharge without such documentation and strategies to avoid litigation and achieve an equitable outcome for both parties.

Restrictions on workplace romance and consensual relationship policies.

The workplace is frequently the site of romantic and consensual relationships. These relations may sometimes be deemed by employers to infringe on the proper conduct of business and prompt them to adopt rules that limit such interactions. This article explores some of the rights of employees and the possible policies that employers may realistically adopt within the confines of federal and state constitutional statutes, in light of court precedent and in keeping with possible union contract.

Preventing punitive damages from employment liability claims.

In general, employers do not have a good grasp of the liability they confront in dealing with personnel in terms of hiring, discipline, and firing. Medical practices frequently are quite oblivious to the problem. This article discusses recent judicial decisions and the ways practices may deal with prevention of litigation with special emphasis on management training.

Employment at will.

The traditional concept of employment at will still holds under most employment situations. There are, however, qualifiers that deserve the attention of managers. This articles outlines the restrictions on employment at will and details cautionary measures that employers should incorporate into their modes of operation.

Office gossip: a surprising source of liability.

Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.