Employment Law Today Masthead
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August 9, 2005 — Volume 7, Number 10

AHI's Believe It Or Not
You may think you've heard of age discrimination, but a Los Angeles jury gave new meaning to the term this summer. When a chief physician and surgeon at a state prison reached the ripe young age of 81, his supervisors asked him to retire. He refused. They complained to their superiors that he suffered from memory loss that impaired his work. An investigation cleared him of the charge. He was offered other positions, but turned them down, too. Eventually he sued for age discrimination and harassment, and during the trial, an expert testified that he could have worked until age 96. So the jury decided that for his emotional distress and past and future wages, he deserved $20 million in damages.


IN THIS ISSUE:

1. Feature Story: Employers Eye E-Mail

2. Bad Attitude Tarnishes Otherwise Shining Performance

3. HR Soapbox: What Are You Looking At?




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1. FEATURE STORY:
EMPLOYERS EYE E-MAIL

It seems that more and more companies are taking advantage of their right to monitor their employees' e-mail. In one survey, 55% of companies reviewed their workers' e-mail. Another survey of companies with 1,000 or more workers revealed that 63% either employ or plan to employ staff to read or otherwise analyze outbound e-mail.

And with good reason. Let us count the ways...

1. The main motivation for monitoring in the latter survey was the desire to protect confidential information, such as trade secrets and intellectual property.

2. Half of America's Fortune 500 companies have dealt with computer porn at least once in the past 12 months, said yet another survey. These incidents were serious enough to result in discipline, including termination, 85% of the time.

Example: One company's investigation found that up to 75 of its employees exchanged computer porn. It doled out discipline based on the level of abuse. One of the worst offenders argued that his termination was actually based on his sexual orientation, but a court didn't buy it.

3. E-mail is being used to make (or break) legal claims against companies. Another survey found that one in five companies has had e-mail subpoenaed by courts or regulators.

Example: UBS Warburg was sanctioned by a court for destroying e-mails and failing to preserve other evidence in a $29 million sex discrimination lawsuit.

If your company monitors, or plans to monitor, employee e-mail, there is one thing you must be absolutely sure to communicate: Employees have no expectation of privacy. Courts generally agree that e-mail sent on company computers on company time is the company's property. But before you go snooping through staff members' messages, make sure that employees realize and understand that concept, and are aware of the company's right to monitor. Traditional mediums will do: handbook policy, department meeting, bulletin board memo. Also effective: Put the policy right on the computer, such as a window that pops up whenever the mail program is launched.

Warning: Beware of e-mail abuse on the other side of the monitoring coin. The monitors must be monitored, too. If your company monitors e-mail only when investigating potential wrongdoing, for example, those who have access to employee e-mails should not be going in and reading at their leisure.

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2.

BAD ATTITUDE TARNISHES OTHERWISE SHINING PERFORMANCE

Workers who achieve good sales numbers, write top-notch reports, or output impressive quantities are exactly the types of individuals you want working for you. Employees with bad attitudes are not the type of personality you want in your midst, though. But what if they are one and the same? You must...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, “State Family/Medical Leave Laws,” which summarizes each state's family and medical leave provisions for private employers. You get an overview of employer and employee eligibility requirements, amount of leave entitlement, reasons for leave, and reinstatement rights for each state.

3.
HR SOAPBOX: WHAT ARE YOU LOOKING AT?

Kick back, relax, and take a few minutes to check out the HR Soapbox, "What Are You Looking At?" in which an editor talks about co-workers who aren't too shy to pry.

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.

Controlling Absenteeism Through Paid Time Off And Other Proven Programs2.
Controlling Absenteeism Through Paid Time Off And Other Proven Programs

Gives you a blueprint for controlling absenteeism and avoiding the legal, morale, and discipline problems it fosters. This report focuses on the fastest-growing strategy — paid time off (PTO) programs — and then covers the entire gamut of absenteeism problems and solutions you're faced with every day, from legal techniques to policy language.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes six stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Eliminating Disability Discrimination; Improving Workplace Discipline Practices; Preventing Sexual Harassment; and Strengthening Workplace Diversity.

Employer's Guide To Record-Keeping Requirements4.
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.

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.

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