HR Strategy


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Privacy: We Think an Employee Stole Company Data on His iPod; Can We Confiscate It?
July 2008
We suspect an employee has stolen proprietary data from us using his iPod. We have suspicions but no hard facts. Can we confiscate the iPod? What do we do from here to protect our information? . . . more

Independent Contractors: What Do I Do with My 1099 Contractor Who Performs Employee Work but Doesn't Want to Become an Employee?
July 2008
I have a 1099 contractor who does not want to become an employee, but technically she's been performing the same functions an employee would. She has been a contractor for over a year. How would you advise us to handle this situation? . . . more

Employee Handbooks: What Are the Pitfalls to Watch Out For?
July 2008
I'm embarrassed to say that my company does not have an employee handbook of any kind, and I think it's high time we got one together. Any tips for us? . . . more

Short Takes: Recruiting
July 2008
We're interested in using Facebook and similar websites to locate potential job applicants. Would we be violating their rights in any way by contacting them out of the blue when they haven't applied to our company for work? . . . more

Discipline: What Should We Do When an Employee Refuses to Sign a Disciplinary Form?
June 2008
After discussing discipline with an employee, we always ask the person to sign the disciplinary form so there is a record that we talked with the employee about the issue. Quite often, the person refuses to sign. What do we do if an employee sues us someday? Would a court accept a document that has "employee refused to sign" written on it? Should we just bag the whole idea of written warnings and avoid this problem altogether? . . . more

Recordkeeping: May Supervisors Keep 'Desk Files' of Personnel Records?
June 2008
I think that all documentation should be kept in the HR department, but supervisors like to have copies for their desk files. What are the pitfalls of allowing supervisors to keep employee files at their desks? What practices can you recommend? . . . more

Workplace Relationships: What Do We Do About a Married Employee Who May Be Romantically Involved with the Cleaning Woman?
June 2008
Many of our employees believe that their married co-worker--I'll call him "Bob"--is having a romantic relationship with a woman who cleans our offices. This woman works for a cleaning company we've hired to come in three times a week. I've received complaints about their public displays of affection (although I'm not sure about the details) and the fact that he takes out the trash for her, which allegedly interferes with his own job. People (particularly Bob's manager) are upset from a moral standpoint, but Bob isn't really breaking any rules, I don't think--he has nothing to do with the cleaning company we hired. What should I do? . . . more

You're the Expert: How Can We Help Employees Return to Work?
June 2008
We need to improve our system to help employees return to the job as soon as medically possible. Can you share some tips on how to enhance our return-to-work program? . . . more

Hiring: Do We Really Need an At-Will Statement in All Employee Documents?
May 2008
We are in the process of reworking all of our selection and hiring paperwork. I'm trying to insist on strong at-will language throughout, from application to offer letter to handbook. But our management is trying to improve retention and wants to brand the company as "a great place to work." They think the at-will language contradicts that image they want to generate. So my question is, do you still recommend at-will language? What should I tell my bosses? . . . more

You're the Expert: How Can I Avoid Family Responsibility Discrimination Claims?
May 2008
I'm hearing more and more about "family responsibility discrimination," and I'm worried that employees will start suing under this theory. How should I treat workers who are parents and caregivers so I can avoid accusations of discrimination? . . . more

Employment Contracts: Could I Be Entering into 'Implied Contracts' Without Knowing It?
April 2008
We fired an employee, thinking he was "at will," but now he claims we made an oral promise that he could be fired only for cause. We'll fight this one in court, but how do we keep from having misunderstandings like these? . . . more

You're the Expert: What Should We Do About Informal Business Emails?
April 2008
Our employees are too informal in their work emails to clients, vendors, etc. They are saying things they shouldn't--such as speaking negatively about company policies--and their tone is too informal for outside business contacts. What can we do? . . . more

Short Takes: Sheriffs
April 2008
Are we required to allow sheriffs and other people who wish to serve subpoenas or court papers on an employee to enter our facilities? . . . more

Exit Interviews: What Should I Ask an Employee Before He or She Leaves the Company?
CELA Online Exclusive
We've experienced a lot of turnover in the past two years--many employees have decided to quit and move on to other companies. On an employee's last day, I meet with him or her to go over final paperwork, benefits, COBRA, etc., but I think we should . . . more

Bulletin: Sign up for free employee attitude survey
March 2008
Find out how your employees feel about workplace issues by participating in the free National Employee Attitude Survey. Employees answer questions about workplace communications, supervision, teamwork, and chances for advancement, . . . more

Bulletin: Special Report enclosed with this issue: "What's New for 2008—Workplace Developments and What California Employers Must Do to Comply"
February 2008
Many workplace-related laws went into effect on January 1, and numerous court decisions on employment issues were handed down in the past year. With our exclusive Special Report, you'll have inform . . . more

Additional Items

Complete Topic List
Benefits & Leave
Compensation
Discrimination
Health & Safety
HR Administration
Performance Appraisal
Staffing & Training
Unions