Minimizing Workplace Violence: A Checklist
Minimizing workplace violence can help employers avoid liability and promote a more positive working environment. Some ways to accomplish this goal include: Having a Zero Tolerance Policy Explaining in clear language in the employee handbook and other materials that violence in the workplace will not be tolerated. Employees should have an incentive not to engage in […]
BYOD Policies v. Conducting Thorough Investigations
An Upjohn Warning is a disclosure to employees of a company that legal representation is not extended to individual employees but rather covers the company only. Upjohn warnings are typically issued when an internal investigation is ongoing, or if the company is being investigated by regulators. Sometimes called a Corporate Miranda, an Upjohn warning should […]
Non-Discrimination Policies
Employers are often held responsible for the actions of their employers through vicarious liability principles. However, one way to guard against claims of discrimination or harassment is to develop clear and effective nondiscrimination policies and to follow the instructions included in these plans. Non-Discrimination Policies Nondiscrimination policies may be included in an employee handbook or […]
Guiding Principals: Decision to Conduct an Investigation
Employers and human resources staff are often put in the difficult position of trying to determine whether or not to conduct a workplace investigation. It can be taxing to decide whether information warrants an official workplace investigation. However, by following these guiding principles, this decision can be easier. A Report Has Been Made Many […]
Creating a Harassment Complaint System for Texas Employers
Texas employers can be held liable for harassment that occurs in the workplace when it fails to establish a harassment complaint system or respond to reports of harassment. The employer can be held responsible for the actions of its supervisors, employees, customers, and other parties. To avoid potential liability, employers may develop harassment guidelines and an […]
Racial Bias Against Employees: Is the Employer Liable
Employers can be held liable for racial bias for specific actions that they take against applicants and employees. Through vicarious liability principles, they can also be held liable for the actions of their employees. Hiring Decisions Employers are prohibited from basing hiring decisions off of an applicant’s race or color. Employers should not state a […]
