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

November 8, 2005 — Volume 7, Number 16

AHI's Believe It Or Not
For 10 years, a car manufacturer bent over backwards to keep a female technician employed, despite her chronic absences and inability to get along with co-workers. When she threatened to beat up a colleague, the company transferred her. When she suffered panic attacks, she was granted extensive leaves of absence. When she physically harassed a fellow technician, she got another new position. But when she failed to complete a routine assignment, the company finally canned her. One glitch in the termination: timing. The employee had filed a disability discrimination claim just three weeks earlier. So a circuit court judge ruled a jury might "reasonably believe" the company unlawfully retaliated against the tech.  


IN THIS ISSUE:

1. Feature Story: The Ethics Epidemic

2. Close Encounters Of The Third-Party Kind

3. HR Soapbox: How's This For A Workplace Issue?





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1. FEATURE STORY:
THE ETHICS EPIDEMIC

Headlines about unscrupulous corporate executives cooking the books and the passage of the Sarbanes-Oxley Act have forced many employers to take the ethical temperature of their workplace. And what they're finding is an outbreak of seemingly innocent, yet clearly inappropriate, workplace behaviors — such as lying about the reasons for missing work, falsifying time cards, and stretching expense accounts — that are often a breeding ground for unethical conduct.

To prevent such behaviors from spiking into an illegal fever, a number of companies have taken steps to not only treat, but also inoculate their companies against, the ethical epidemic. Here's a prescription you can take for encouraging ethical behavior and preventing ethical disasters.

  • Take the ethical pulse of your workplace. Conduct surveys that ask employees how they would react to hypothetical scenarios. Or ask questions based on the company's ethical standards; then solicit employee opinions as to whether they agree or disagree.
  • Get the support of top brass. Stress the importance of ethics to your company by asking the company president to write a letter or memo expressing the company's commitment to ethical behaviors. Distribute the memo to employees or include it in an ethics guidebook.
  • Enforce by committee. Create an ethics committee that is responsible for compliance with your ethics policy and/or code of conduct. Select committee members that have a high level of credibility with rank-and-file employees.
  • Go public with your commitment to ethical conduct. Release an annual report of ethical challenges faced by the company or accomplishments achieved.
  • Get the word out. Constantly communicate with employees about the importance of ethical behavior. Train managers and supervisors to communicate the company's goals and expectations to employees on a regular basis.
  • Measure success. Establish a simple system to gauge whether or not your employees are walking the ethical walk. For example, audit the number and type of complaints filed or disciplinary warnings handed out.
  • Practice what you preach. Creating and distributing a code of ethics will have little effect if employees witness higher-ups engaging in behaviors the code clearly prohibits.

Encourage management employees to take an objective look at their own behavior. Have them pose the following questions to themselves.

  • Am I always scrupulously honest in my dealings with employees? Even little white lies that are meant to spare an employee's feelings or to make a negative situation seem more positive can set an unethical example. Resist the temptation to sugarcoat the details when having to deliver bad news.

  • Do I take office supplies home or use company products for personal advantage? You may think nothing of grabbing a box of staples or making copies of personal documents. But if employees see you dipping into the stock room, they might feel entitled as well. What may have started out as grabbing one box of supplies every now and again can turn into empty stockroom shelves and the company having to spend more money on supplies.

  • Do you treat your employees professionally and with respect? Everybody has his/her bad days. But snapping at employees or talking down to them out of frustration not only leads to morale problems, but it also shows employees that it is okay to behave that way themselves.

  • Do you take extended lunch hours or breaks? Do you come into work late or leave early often? Just because you're the manager doesn't mean you have the right to come and go as you please. If you disrespect the value of time to your company, so will your employees. Then, those who see their manager taking extra time away from the office are bound to resent it, and may start extending their time as well.

  • Do you spend a lot of time on personal calls or taking care of personal business during work hours? Don't expect your employees to keep their private lives at home if you don't.

"LEGAL & PRACTICAL RECORD-KEEPING STRATEGIES:
How To Protect Your Organization
From Fines, Penalties & Identity Theft"

Live, Interactive Audio Conference
Wed., November 16, 2005
1:00 PM Eastern Time
Steve Teplinski, Esq.

REGISTER TODAY!
Only $179 per listening location


This audio conference will answer tricky questions like:

What steps should you take to protect your organization from potential legal liability due to identity theft?

What are the requirements of the I-9 electronic storage and signature law that went into effect on
April 29, 2005?

How does the FACT Act affect your record-keeping procedures?

What information should/should not be kept in a personnel file — what information needs to be discarded or destroyed?

Are all individuals who submit résumés via the Internet considered applicants for record-keeping and reporting purposes?

Which aspects of the various federal laws (Title VII, FLSA, FMLA, ADA, HIPAA, OSHA, and ERISA) can cause the most legal trouble?

Register now for this informative event by visiting our website. If you prefer to register by phone, please call 800-879-2441 and reference conference code: G06419.

 

2.

CLOSE ENCOUNTERS OF THE THIRD-PARTY KIND

You may think that the behavior of a customer or other third party is out of your control. But it's not. Just because an employee complains to you of sexual harassment by a non-employee doesn't mean...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, "Q&As With HR Pros," which gives you real-life problems along with real-life solutions contributed by real-life HR execs just like you. Who better to get answers and ideas from on myriad HR issues and dilemmas than those who have been there, done that.

3.
HR SOAPBOX: HOW'S THIS FOR A WORKPLACE ISSUE?

Kick back, relax, and take a few minutes to check out the HR Soapbox, "How's This For A Workplace Issue?" in which one editor discusses ways to keep employees from exposing their toes in the workplace.

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.

2005 Survey Of Traditional Time Off And PTO Program Practices2.
2005 Survey Of Traditional Time Off And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how over 700 organizations responded to over 25 key paid time off questions.

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.

Copyright © 2005 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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