In my post on January 3 on predictions about how presidential politics will impact the workplace this year, I noted how some of the candidates stand on the proposed federal Healthy Families Act.  I subsequently linked to an article in the Columbus Dispatch (January 5) concerning a state version of this act being considered by the Ohio General Assembly.

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Previous posts have discussed the need for Internet use policies which, in part, deal with the prohibition against an employee having pornography on a company-owned computer.  An article in the Washington Post reports on a case involving a lawsuit filed by a fired former executive against his former company.  The executive claims he was wrongfully fired.  The company claims that it had the right to fire the executive, in part, because he deleted everything on his computer, including company documents and including pornography.  Surprise, surprise.  A forensics expert has found evidence that part of what the executive deleted was pornography.   Both sides have taken off the gloves.

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On December 19, I wrote a post about the Mitchell report on baseball and steroids, trying to take an employment law look at this mess.  If you watched 60 Minutes this past Sunday, you saw Mike Wallace interview Roger Clemens about the allegations against him contained in the Mitchell report.

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In my post on presidential politics/predictions for the workplace (January 3), I noted whether the candidates support the proposed Healthy Families Act, which would, among other things, require employers to give employees seven paid sick days per year.

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Most employers have some type of Internet use policy that says, among other things, employees can’t use the Internet to view or download pornography, send offensive messages, and engage in other activity that could constitute harassment or other unlawful conduct.  These policies usually provide that the employer has the right to monitor the email of employees and the way in which employees are using the Internet at work.  Some employers conduct routine audits of computer and Internet use.  Why?  To make sure the policy is being complied with–and for another reason as well.

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“Insubordination” has long been an employment term that’s difficult to define.  Ususally, however, it’s definition includes something about not doing what you’re told to do–disobeying an order.  An editorial in the Washington Post tells an employment story that deals squarely with whether a firefighter’s quick decision to disobey an order from his supervisor is grounds for a two-day suspension.

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Do you give holiday gifts to your customers and clients?  Your employees?  Your boss?  There’s a long tradition of doing that sort of thing.  But with all the focus on ethics in the workplace today, holiday gifts have been called into question and, in some companies, are banned by the organization’s code of business conduct.  Check out an article in the Post on this increasingly difficult subject.

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My prediction about baseball’s drug problem becoming a problem for all workplaces may be closer to becoming reality than I thought.  Check out the prescient “Infamy or Praise” blog. 

An interesting blog is called “Infamy or Praise.”  I found it particularly interesting because it referenced my post on Drugs: Baseball Workplace vs. Non-Baseball Workplace.  I also like its sarcastic bite.  Check it out. 

Let’s say Warren Buffett and Bill Gates engaged former Senator George Mitchell to investigate corporate America to see whether there is a pervasive drug problem among employees.  After two years of investigation, Mitchell reports that the use of illegal drugs is indeed pervasive.  There is reliable information that Buffett, Gates and other big-time executives have known this all along, have conspired with union leaders to limit or even eliminate drug testing in the workplace, and have allowed drugs to be used because they help employees perform at higher levels of productivity.  Earnings are up.  Stock prices are up.  Executives make more money.  Employees make more money.  Consumers are buying products and services at record levels.  When pressed for an explanation,  Buffett, Gates, other corporate executives, labor leaders and employees say what’s good for America’s pasttime is good for corporate America.  

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The art of firing requires a look at how to handle the firing itself.  And sorry, but this will take a little more space than the previous posts on this subject.

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The art of firing requires focus on a rather strange question:  “What do you do with the poor employee?”  It’s a strange question, because the answer would appear to be obvious.  But how many times do employers end up saying–right before a termination occurs–that the termination should have taken place five years ago . . . 10 years ago . . . 20 years ago.  In other words, the employee was doing a poor job all along, yet nothing was done about it.  When you think about it, the firing of a poor employee should be one of the easiest discharges to pull off.  And when it comes to the art of firing, an important principle is to fire a poor employee quickly. 

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The art of firing includes one of the most familiar words for human resources professionals: documentation.  Employers no longer have the option of documenting personnel matters.  Documentation is expected by the EEOC, other government agencies, judges and juries.  If you don’t have it, there will be a presumption that something is wrong–with you.

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Progressive discipline was, at one point in our history, something that seemed to be used only by employers that had unions.  No more.  All kinds of employers are turning to progressive discipline as a means of making the discharge of employees less problematic.   

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What causes most employment lawsuits?  The firing of an employee.  Believe it or not, there’s an “art” to firing.  Let’s look at it first as it relates to performance evaluations.

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Extra.  Extra.  Read all about it.  The CIA says it destroyed two tapes showing the interrogation of terrorist suspects.

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Do you have employees who telecommute?  Some employers allow it.  Some don’t.  Some employers like it.  Some don’t.  Generally speaking, it’s safe to say that employees love it.  Flexibiity.  Stay at home with the kids and still work.  A lot of employees will say, ”With technology, I can do anything from my home office I can do at my employer’s place of business.”

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OK, age discrimination is becoming a bigger and bigger problem. So, we’ll just buy off the old timers. You know what I mean. We’ll pay them some money in separation pay or in a severance package. They’ll sign an agreement containing the magic language required by the Older Workers’ Benefits Protection Act (so many days to review and so many days to revoke, depending on whether it’s the termination of a single employee or a group) and a release of all claims against the employer plus the agreement not to file a charge with the EEOC. It’ll cost us more money as the boomers age. But that’s just the cost of doing business.

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What’s the big employment lawsuit for the first half of the 21st century?  I can’t be sure, but I think a safe guess is age discrimination.

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Handbooks are, of course, common in most workplaces.  They’re also often evidence in an employment lawsuit, so maybe it’s time to ask a few questions about them.

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