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Report Link Conducting Independent Reviews of Proposed Personnel Decisions Can Reduce Litigation Risks (pdf).Vedder Price - July 14, 2009 With ever-expanding workloads
and the pressure to make
decisions quickly, senior
managers and human
resources personnel may fi nd it
diffi cult to conduct independent
reviews of personnel decisions
recommended or initiated by
fi rst-line managers. Although
tempting, giving in to the urge
to “rubber-stamp” such
recommendations can be
costly. Using what some courts
refer to as the “cat’s paw”
theory, the fi rst-line supervisor’s
biases can be attributed to the
employer, even though the fi nal
decision maker had no idea the
employee at issue was a
member of a protected class.
Two recent decisions provide
helpful guidance for employers
seeking to minimize their risks
in such situations. Report Link Internal Investigation Supports Company’s Legitimate Business Reason for Termination.Ogletree Deakins - May 04, 2009 Sharon Sybrandt was fired from her position as an Operations Assistant Manager at one of Home Depot’s Nashville stores after she allowed a co-worker to use her password-protected user ID to modify a special order transaction for Sybrandt. In addition, Sybrandt herself subsequently entered computerized “notes” on the transaction, indicating that she wanted to cancel part of the order and receive a refund. Both actions were in violation of the company’s “no-self-serve” policy. After Sybrandt was replaced by a male employee, she sued Home Depot, alleging gender discrimination under both federal and state laws. The lower court granted the company’s motion for summary judgment in April 2008, and the 6th U.S. Circuit Court of Appeal recently upheld that decision. Report Link Public Employees May Be Compelled to Answer Questions During Workplace Investigation.Littler Mendelson, P.C. - February 20, 2009 The California Supreme Court, in Spielbauer v. County of Santa Clara, S150402 (Feb. 9, 2009) recently held that a public employer is within its rights to compel a public employee, by threat of job discipline, to answer questions about the employee's job performance. This is permitted as long as the employee is not required, on pain of dismissal, to waive the Fifth Amendment constitutional protection against any criminal use of those answers. Report Link Good Investigations Pay Great Dividends, Part 2.Fisher & Phillips, LLP - February 04, 2009 In the last issue of Healthcare Update, we discussed the recent decision of Furline v. Morrison. In that case the U.S. Court of Appeals for the District of Columbia Circuit overturned a jury award against Howard University Hospital. The fact that the hospital had conducted a thorough independent investigation into allegations of age bias weighed heavily in the Court's decision. Report Link Good Investigations Pay Great Dividends.Fisher & Phillips, LLP - November 06, 2008 In the current economy, many managers and supervisors are being asked to do more with less, and success in today's market is marked by efficiency. Increasingly, managers and supervisors are being given more authority to handle personnel related matters and have less time to devote to handling such issues with care. Report Link Workplace Investigations: Whom to Call.Shaw Valenza LLP - May 22, 2008 As the number of employment laws has grown, so has the number of opportunities for employees to complain about violations of those laws. At the same time, courts have placed on employers increasing responsibility to conduct immediate, good faith, and complete investigations, particularly in the area of discrimination, harassment, and retaliation. Report Link Employment Investigation Advice From the Great Detective Novels.Shaw Valenza LLP - May 11, 2007 Down these mean streets a man must go who is not himself mean, who is neither tarnished nor afraid. The detective must be a complete man and a common man and yet an unusual man. He must be, to use a rather weathered phrase, a man of honor. Report Link FACT Act Eliminates Need for Prior Consent When Third Parties Conduct Workplace Investigations.Jackson Lewis LLP - December 19, 2003 On December 4, 2003, President Bush signed into law the Fair and Accurate Credit Transactions Act, the "FACT Act," providing some relief to employers using third parties to conduct workplace investigations.
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ArticlesFound: 8 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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