Manager's Legal Bulletin

There’s no getting around it. Sooner or later you must summon a problem employee into your office to set him or her straight. How you conduct this meeting can mean the difference between turning a recalcitrant employee around or opening up your organization to costly litigation.

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Here are some real-life examples of what job candidates have told hiring managers, according to a recent CareerBuilder.com report:

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Younger … groom … those are some dangerous words a hiring manager can utter in front of a job candidate.

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To contact or not to contact? Perhaps you had better call that reference. According to a recent CareerBuilder survey, 69% of employers said they have changed their minds about a candidate after speaking with a reference.

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Problem: If an employee’s insubordinate behavior was caused by her bipolar disorder and you fire her, is the termination a violation of the Americans with Dis­­abil­­ities Act?

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The costs of employee absenteeism can add up quickly. The best way to combat the problem is with a clear policy, careful documentation, consistent application of the policy and progressive discipline.

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Writing job descriptions for all of the positions in your company may sound like a lot of work, especially when they are not required by any law. But there are plenty of legal reasons why you should have them.

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Providing opportunities for promotions is often just the thing to keep top talent from jumping ship. But before you haphazardly start promoting from the ranks, consider these tips to help the right workers move up the ladder, without setting your organization up for a legal fall.

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What could be worse than a boss who spews racially derogatory language in the workplace? Answer: The boss testifying on the witness stand that such language doesn’t bother him.

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Insubordination occurs when an em­­ployee refuses a reasonable order from a supervisor or manager. If discipline or discharge is necessary, knowing how to handle employee insubordination can go a long way toward avoiding legal consequences.

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