Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

March 20, 2007 — Volume 8, Number 23

AHI's Believe It Or Not
More and more companies are trying to help employees achieve an ideal work-life balance. A South Korean bank doesn't just want to help employees find that balance; it wants to help employees improve the quality of their personal life in the first place. To that end, the bank footed half the bill to send 20 of its female employees on a two-day, blind date trip to a mountain resort. The bank is hoping that happiness on the romantic front translates into happiness in the workplace.

IN THIS ISSUE:

1. Feature Story: Workplace Laughter At What Expense?

2. WC Claim: Employee "Injured" During Theft Investigation

3. HR Soapbox: Boys Will Be Boys, Unless They're Guys...Then They Could Be Girls


 

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1. FEATURE STORY:
WORKPLACE LAUGHTER AT WHAT EXPENSE?

April Fool's Day is just around the corner. That means every prankster on site is gearing up for ways to torment unsuspecting co-workers with everything from rubber spiders to whoopie cushions to habanero peppers hidden inside a sandwich.

The majority of these jokesters don't need a special day designated for tricks, though. They embrace jokes year round, whether to welcome a new worker on board, let off a little steam, or build camaraderie within a department.

Left unchecked, these seemingly harmless giggle generators have the potential to create a big legal mess.

Consider, for example, the African-American firefighter whose white co-workers mixed dog food into his spaghetti dinner. Even though he had pulled a few pranks himself, such as smearing mustard and dumping water on restrained colleagues, the employee wasn't laughing this time around. Reason: He believed the prank was motivated by a racial stereotype. The mayor of Los Angeles vetoed the city council's decision to settle the race discrimination complaint for $2.7 million; a trial was set to begin this month.

The answer to keeping your organization out of a similar predicament isn't banning any and all jokes from the workplace. Doing so could actually do more harm than good, if you consider that a blanket ban on pranks is likely to be interpreted by employees as an attack on their team-building efforts or to mean "no fun whatsoever" — even if that's the last thing you intended. Therefore, focus restrictions on pranks that are potentially harmful or offensive, and not on innocent expressions of good-natured fun. Rein in pranksters if their tricks:

  • Target individuals because of their race, gender, or other protected characteristic.

  • Involve weapons, even toy weapons; threats; or threatening symbols.

  • Occur in front of customers or clients.

  • Focus on a co-worker's weight, height, or other physical attribute.

  • Involve physical contact, whether personal or non-personal (e.g., loosening the bolts on a bathroom fixture so water will spray a co-worker when he/she turns it on).

  • Interfere with an individual's ability to perform his/her job or could harm his/her professional reputation.

Improving Workplace Discipline Practices
Live, Interactive Webinar

Tuesday, March 27, 2007
1:00-2:30 PM Eastern Time

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During this interactive, live session, you and your managers will learn:

Why you need to improve your approach to discipline
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How to review and ensure appropriate disciplinary decisions
Methods for effectively documenting disciplinary actions
Strategies for conducting legal discipline discussions that motivate
The procedures for legally terminating an employee

Visit our website to learn more or to register today!

2.

WC CLAIM: EMPLOYEE “INJURED” DURING THEFT INVESTIGATION

Catching unknown workplace thieves often requires casting a wide investigation net. Chances are, you’re going to wind up investigating some innocent workers...View the full story on our website.

FREE REPORT

Check out the Free Report, "Welcoming A Wellness Program Into Your Workplace," which contains 10 keys to unlocking wellness program implementation success in your organization. Plus, learn how to calculate a return on investment of your wellness dollars and how to stay in step with the Health Insurance Portability and Accountability Act's non-discrimination provisions as they apply to wellness programs.

3.
HR SOAPBOX: BOYS WILL BE BOYS, UNLESS THEY'RE GUYS...THEN THEY COULD BE GIRLS

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "Boys Will Be Boys, Unless They're Guys...Then They Could Be Girls," in which an editor discusses the different ways of addressing different groups of people.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Employer's Guide To Record-Keeping Requirements2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Employee Problem Solver 3.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

AHI's Complete Employee Termination Kit4.
AHI's Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you'll need.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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