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Make sure your policy is understood before rejecting applicants because of bankruptcy

As the effects of the recession linger on, personal bankruptcy filings are still climbing. If you’re a private employer that doesn’t want to hire managers who can’t handle their financial affairs, be careful before rejecting someone because he’s filed for bankruptcy.

As boomers gray, Minnesota employers could see silver lining

With so many companies focused on downsizing to contain costs in a down economy, many employers have failed to prepare for a pending change that will significantly alter workforce demographics. Beginning in 2011, the first of the baby boomers will turn 65. As the rest of the roughly 70 million baby boomers follow, we’ll see a major shift in the age of our society—and our workforces. This shift will have a significant impact on employers.

Confidentiality depends on good e-mail policy

Employers that don’t enforce reasonable e-mail and computer-access policies—consider yourselves warned. Without such policies and practices, you won’t be able to use the federal Computer Fraud and Abuse Act to punish employees who send information through your system to other persons or computers.

Sometimes, employees just need thick skins—co-worker snubs aren't retaliation

Employees who complain about discrimination are protected from retaliation—but not from every consequence of their complaint. Take, for example, what often naturally occurs when someone files a harassment complaint that turns out to be unfounded or unworthy of drastic action like firing the alleged harasser. There’s bound to be backlash from other employees ...

Get it in writing! You need consistent, persistent documentation

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

Managing the Twitter chatter

Tried Twitter but find the deluge of information-sharing too much to manage? If that sounds like you, these web sites and services can help you manage the chatter and enrich your communication:

From pages to gigabytes

Whether you’re plowing through an inspirational novel or a business best-seller, turn to these sources for transforming your hardcover into gigabytes: Sony Reader, Audible.com, eBooks.com.

Don't drop your guard just because Illinois court dismisses whistle-blower case

Just won an Illinois whistle-blower case? Don’t rest easy yet! If you’re an employer that’s also covered by federal law, brace yourself for a federal whistle-blower lawsuit, too.

1-Minute Strategies: Nov. '09

Avoid sending big files back and forth with your boss—try Dropbox, a virtual hard drive ... Hold a web conference free and invite up to 20 guests, with DimDim, which Inc. magazine calls the best in its class ... Print less by taking advantage of the less-popular settings in your Print dialogue box ...

3 privacy 'musts' for securing employee data

Issue: You're responsible for securing sensitive employee information. Benefits: Privacy measures and policies protect employees from identity theft and privacy invasion. Actions: Refine your privacy policy, institute a proper ...

What's going on? How to conduct a workplace investigation

Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Whether it is a small inquiry or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

Increased workload? Stay organized

Layoffs, shortened workweeks, stressed-out workplaces … it all can lead to another byproduct of the recession: increasing workloads and work slippage. How are administrative professionals ensuring that, with stakes soaring higher than ever, no work falls through the cracks?

Reach out to alumni

Alumni programs have become crucial for customer relationship building, strengthening brands, and recruiting the best and brightest. Consider these tips for building your own alumni program as part of a relationship marketing plan:

Do the right thing

More than two-thirds of the world’s online population visits social networking and blogging sites. Reaching this captive audience can lead to greater credibility, more exposure, and higher sales. If you’re considering SMM, be sure to avoid these five mistakes:

Email's little helpers: Cool Outlook how-to's

Try these cool Outlook tips: Click-and-drag names to your Contacts list. Eliminate the auto-complete names that appear in the “To” field of your e-mails. Share calendars with others in Outlook 2007 ...

Retaliation alert! Beware timing when acting against worker who files EEOC complaint

Here’s a reason to slow down and act deliberately when disciplining an employee who has filed an EEOC complaint: A court has concluded that coincidental timing alone can be enough to keep a case alive. That’s true even if it turns out that all the accusations in the EEOC complaint turn out to be unfounded.

Should you file under a name or a category?

Question: "I have hard copy files labeled under "Dr." Do I file first under “D” or do I file under the doctor's name?" — Anonymous
 

Become an email ninja to survive

When you're not on top of your e-mail, you feel out of control. It can also torpedo your career, since people associate responsiveness with competence. It is possible to clear out your e-mail inbox—and keep it clear—daily. But you must be willing to change your behavior. Here are four steps ...

DHS is cracking down — follow these I-9 best practices

Times are changing in the world of workplace immigration law. Employers now have to complete a new version of the I-9 Form. The feds just launched “a bold new audit initiative” to punish employers who hire illegals. And starting Sept. 8, thousands of federal contractors are required to use the electronic E-Verify system. Result: a greater risk for immigration-related trouble than ever before ...

You have the go-ahead: Fire employee if you discover problems during FMLA leave

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

LinkedIn keeping candidates honest

It’s true and here’s why: Because legions of colleagues, current and past, have access to a job candidate’s profile on LinkedIn, their scrutiny keeps the candidate on the up-and-up. So potential hires are far less likely to lie about their job titles or dates of employment on a public profile as compared to a paper résumé.

Where Professional Critics and Reviewers Still Matter

It has been observed many times that blogging, Web 2.0, and social media are effective because today’s consumers are more intersted in the opinions and recommendations of their peers than those of professional reviewers, critics, and experts. Certainly the success of the reader reviews on Amazon.com is a great example of this. But the dominance of Citizen Journalism over professional journalists is not universal.

You don't have to raise arbitration pact with EEOC

Do you require employees to sign an agreement to arbitrate workplace disputes as a condition of employment? If so, you don’t lose the right to force the case into arbitration if you don’t ask for it during an EEOC investigation.

Go on a fact-finding mission

Here’s a four-step procedure for getting the information you need to write persuasive, fact-filled copy. This technique should be helpful to copywriters, account executives, and ad managers alike.

Can You Outsource Social Networking?

JJ, a marketing consultant who is an advocate of social media, confided in me that to get significant results takes 10 to 15 hours of participation a week — EVERY week. For most of us, that’s time we don’t have to spare. So I’m wondering: do you think a company or solopreneur can PAY someone to handle all of their social networking for them?

6 ways to tighten your communications

With the diminishing time you have to communicate, it’s a good idea to tighten your writing and say everything that needs to be said in half the words. With thought and discipline, you can do great things in small spaces. Here are six tips from Brady Dennis, who as a reporter at the St. Petersburg Times wrote a series of profiles in just 300 words apiece.

The Star Profile: 13 steps to becoming a better boss

Swine Flu Readiness – Can Your IT Systems Support Teleworkers?

 

Hacked! Limiting employer liability for breaches of employee data

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees' Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?

Work the numbers: Excel tips to speed your workday

Be honest with yourself: Do you have a love/hate relationship with Excel? You know the power it wields, but does Excel end up costing you time and stress? Here are a few tips on how to navigate and maximize your spreadsheets:

Cut keystrokes with these Windows shortcuts

Imagine typing only about half of what you do now. Keyboard shortcuts may seem like more trouble than they’re worth. But once discovered and practiced, shortcuts can prove to be valuable timesavers. The key is not trying to learn them all...

Under Texas law, do fired employees have a legal right to see their personnel files?

Q. I recently fired an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees copies of their personnel files?

1-Minute Strategies: Sept. '09

Reduce the odds that a conversation will bog down when people take things too personally by avoiding statements that begin with “you.” ... Learn how you can add more value at the office by conducting your own “listening tour.”... Stay current on technology by signing up for free e-newsletters. ...

Taming the paper monster: Records management, compliance and file security

In sharp contrast to optimistic forecasts that technology would rid your company of the “paper monster,” computers seem to have exacerbated the problem. Now, you’re sending, receiving and storing information electronically and printing copies—lots of copies. You may be able to live with the mess, but what will happen someday if you need to get your hands on one of those documents?

Record-Keeping: Heed federal rules for discovery of e-mail, IMs

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Outlook Efficiency: Schedule a meeting for 20 with a click

You schedule a meeting, then hear of a last-minute schedule conflict. A round of rescheduling e-mails only leads to confusion. Locations change, people forget to show up ... the list of common problems goes on. But if you’re a Microsoft Outlook (2002/2003) user, you can rely on Group Schedule to check schedules, fill out meeting requests and send group e-mails.

An easy way to head off retaliation claims: Keep past performance reviews

Before you decide to throw out old evaluations and files, consider this: An employee may sue and refer back to those evaluations from memory. If she remembers nothing but positive performance reviews until a recent poor appraisal (engineered, she believes, to get her fired), you’ll need to be able to show her employment history wasn’t as rosy as she remembers.

7 free web resources that instantly improve your marketing, security and productivity

Remember the Yellow Pages slogan “Let your fingers do the walking"? Well, forget walking! Instead, check out these web sites that let your fingers do the digging, prospecting and streamlining to help your business grow.

Simplify employee reviews: 6 tips for creating performance logs

If you're relying solely on your memory to evaluate employee performance, you're making appraisals far more difficult than necessary. That's why it's best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Follow these six steps:

What's a 'tickler' file?

What exactly is a tickler file, and what’s the best way to use one? We liked the answer one administrative assistant, Bonnie, gave on our online forum, Admin Pro Forum.

Loss of supporting documents needn't sink your defense

What's a smart HR professional to do when his or her employer is sued and the records you thought would back up management are gone? You can still save the day by locating different electronic or paper correspondence that supports your decisions ...

Could blogging score you a job?

If you find yourself seeking new employment, consider taking proactive, positive approaches. All hinge on online methods, which 40% of new job seekers use in their searches (2008 Spherion Emerging Workforce Study).

Fire employee who has filed complaint … if you're prepared to address retaliation

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Are employees twittering the day away?

Whether they’re shooting off their own “tweets” or following others, workers using Twitter—the fastest-growing social networking site—are creating liability and PR risks with their 140-character rants, raves and company gossip. Advice: Draft a brief policy on  your organization’s expectations for employee’s use of Twitter and other social networking sites (plus video).

Company Records: What to Keep, What to Dump

Cozy up to your customers

“From the days of the corner store to the global enterprises of the future, relationship marketing remains the backbone of building a successful business,” says Howard Larson, owner of Larson & Associates. Larson recommends adhering to these five principles:

How to respond to employee rants: 4 do's and don'ts

Discipline and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. As a manager, you never know how employees will respond to discipline or firings. But you need to be prepared for anything—including employees who “let it all out” in long, loud rants. Follow these four do’s and don’ts to defuse rants and avoid lawsuits:

Free tech tools to ease collaboration

How many times have you come up with a more efficient way to accomplish something and wished you could quickly share it with co-workers? You can with collaborative tech tools, says Richard Laermer, media consultant and author of Punk Marketing.

6 ways to tighten your communications

With the diminishing time and attention you have to communicate, it’s a good idea to tighten your communications and say everything that needs to be said in half the words. With thought and discipline, you can do great things in small spaces. Here are some tips from Brady Dennis, who as a reporter at the St. Petersburg Times wrote a series of profiles in just 300 words apiece.

1-Minute Strategies: July '09

Give those URLs a trim ... Show your e-mail skills by avoiding supersize attachments ... Use the subject line to identify different categories of e-mail ... Feel more rejuvenated after a summer vacation by coming home on a Saturday ...

What are the rules on employee access to personnel files?

Q. Do I have to grant employees access to their personnel files?

Beware firing after employee files workers' comp claim

Florida employees are protected from retaliation for filing workers’ compensation claims. Any move that may be seen as punishment or retaliation—that comes shortly after an employee files for workers’ comp—may lead to a lawsuit based almost entirely on timing alone.

Note extraordinary offense when you must fire

You have disciplinary rules for a reason. They tell employees what to expect and guide managers and supervisors so they don’t inadvertently treat employees who belong to a protected class more harshly than others. But disciplinary rules have to be a little flexible—loose enough to let you distinguish between minor infractions and major ones. Here’s how to strike the right balance.

What are the rules on letting a former employee see her personnel file?

Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.

The road to Enterprise 2.0

NewsGator, a social marketing company, released a six-step roadmap for successful enterprise social marketing. It’s a systematic analysis to help ensure that "Enterprise 2.0" initiatives make sense to users and improve business performance as intended. Here are the six steps:

No evaluations? You could be called 'Out!'

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

Can you provide a summary of the new Form I-9?

Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

Do's that don't

Ask your staff to list three things they regularly do that don’t add value.

Eliminating employee mistakes

During a recent TAB board meeting, one of the members described a large part of his role as “looking for the opportunity to eliminate the opportunity for his employees to make a mistake.”

Live from SHRM: 7 rules to 'bullet-proof' your documentation

Attorney Alison West thinks every HR pro should keep a pen and paper with them at all times. “It will help you get into the habit of documenting,” she said at the SHRM Conference in New Orleans. West believes documentation is crucial to keeping a workplace running right—ensuring fairness, promoting good performance and, most important, winning in court if an employee sues you.

Office Organizer: Small biz tips on file organizing, record retention and email management

A comprehensive document management system can help your business boost productivity, improve the bottom line and stay out of legal trouble. Here are three ways to organize files for easy retrieval, establish a record retention schedule and tame your wild email inbox.

1-Minute Strategies: June '09

Catch a second wind by tackling a task on your “Mind Like Mush” list ... Is your boss an ‘allergic-to-details’ type? Keep project files handy that contain details he or she is likely to need ... Find travel deals by booking later ... Spruce up your administrative “portfolio” by adding a dash of visual material.

Managing employee privacy: 6 steps to protect employer rights

For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.

What's going on with the new Form I-9?

Q. I recently heard that employers are now required to use a new I-9 form for new employees. Is this true?

Check your policy! No privilege when e-mailing lawyer from work

A New Jersey court has held that e-mails employees send to their attorneys via work computers are not protected by the attorney-client privilege. The court’s willingness to rule that an employer’s right to control how employees use its computer equipment trumps attorney-client privilege is significant. The decision makes it clearer than ever that employers should carefully consider the language they use in their employee handbooks.

With DHS cracking down, follow these I-9 best practices

There’s a new I-9 Employment Eligibility Verification form for employers to complete when hiring employees and reverifying the employment eligibility of certain employees with temporary work authorization. Make sure you have a properly completed Form I-9 for every employee to avoid legal penalties for hiring unauthorized workers.

Conducting background checks that comply with the FCRA

Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.

How long should we retain employee files?

Q. How long after employees have left should we retain their files? And if we shred the files, do we have to keep a record of employment date, termination date and any other information?

@Twitterers: Watch what you tweet! @Videographers: Grow up!

Employees do the darnedest things, and it’s often up to HR to clean up the resulting mess. Better to have prevented it in the first place. Two recent news stories point out problems that could have been stopped with simple policies on use of technology in the workplace. With the right handbook lingo, much corporate embarrassment could have been avoided.

Transfer—without penalty—won’t make a retaliation suit

An employee who files a discrimination complaint is protected from retaliation. But that doesn’t mean employers can’t make everyday moves—such as transferring someone who once complained of bias—without risking a lawsuit.

Can we prohibit salary talk?

Q. As an alternative to layoffs, our company has cut employee wages. We decided to do that instead of reducing their hours. While the employees have agreed to this (hopefully) temporary measure, supervisors have received reports that workers have been discussing their new wages and salaries with one another. Our executives want to direct all employees not to discuss their wages and salary information with others. Is it legal to enforce such a rule?

Use promotion panel to ensure one manager's bias doesn't taint entire process

Sometimes, a supervisor or manager may favor a subordinate for a promotion because he shares some other relationship that has nothing to do with work. That doesn’t always mean there’s discrimination going on. Protect your organization by using a promotion panel to score and interview candidates. That way, you can root out any favoritism that could affect the promotions process.

What exactly is a ‘tickler’ file?

“I’ve seen references to “tickler” files.  Can you please explain in detail, what they are and how you create and manage them?” — Valerie R. Butler

Workers gone wild ... and the lessons to be learned

Employees do the darnedest things, and HR and managers frequently wind up trying to undo the damage. Our newest webinar — Today's Most Bizarre Recent Workplace Cases: How to Prevent Outrageous Workplace Behavior (May 28) — tells tales of outrageous employee behavior ... and the lawsuit against the employer that followed. Here’s our take on the topic, with cases pulled from the pages of our HR Specialist newsletters.

Coughing up new COBRA subsidy payments? Find the tax cure

The new economic stimulus law subsidizes the cost of continuing COBRA medical coverage for some employees who have lost, or will lose, their jobs. But the burden of paying the rest of the premiums has shifted to employers. Strategy: Recoup the cost ASAP.

Offering a job? Do it the legal way

When it comes to making job offers, your hiring managers could be inadvertently locking your organization into an employment contract with the new hire. It’s a common mistake, and only a few words can send you down the wrong path. Follow these six do’s and don’ts when offering a job:

Give yourself a Facebook facelift

With the economy slowing down, now is the best time to fine-tune your LinkedIn or Facebook profile, fleshing out the blank spaces and figuring out how to take advantage of those social networking sites. Here are a few tips.

Spring cleaning: 7 steps to conquer clutter

Clear the deck, scrub it down and start over? Remove everything and put back only what you need? In your dreams! If "cluttered desk," "cluttered mind" is your motto and purging your work station of clutter is only a dream, approach it one problem at a time. Use these seven steps to "declutter" ...

Don't miss 'new, improved' first-time homebuyer credit

The first-time homebuyer credit created by last year’s housing law didn’t do much to stimulate home sales throughout the country. But the new economic stimulus law sweetens the pot. Most homeowners no longer have to repay the credit! Strategy: Encourage family members to pounce on this juicy tax break.

New law on privacy in place: How to comply

If you haven’t already taken appropriate measures to comply with New York’s new privacy law that took effect in January, do so now before the Commissioner of Labor moves to assess civil penalties. Amendments to the New York Labor Law now require employers to protect employees from identity theft and other potential privacy problems.

Don't sweat EEOC complaint after discipline if you can prove process was fair

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

How to write more effective technical product brochures

A guide to writing successful brochures, incorporating several professional perspectives.

Classy outfit...classy brochure?

Marketers gain the most mileage from their corporate brochures when they focus on the reader — and on how the company can solve customer problems.

Handbooks 101: 4 guidelines to follow, 5 policies to include

Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.

To do this week: Confirm new tax withhholding, begin using new I-9s

Employers have two important HR duties to add to their to-do lists this week: 1) Ensure that this week’s payroll reflects more generous federal income tax withholding levels mandated by the economic stimulus law enacted in February; 2) Start using the new Form I-9 on Friday, April 3 ...

Rejection letters under scrutiny: 7 do's & don'ts

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

Traditional vs. “guerilla” online marketing

There are two types of marketing in the world today: (1) “Traditional” marketing with its relatively larger budget and reliance on standard methodology and mainstream media, and (2) “guerilla” marketing, which is reliant on non-traditional tactics...

Readers Ask: What to keep? What to toss?

Q. What kinds of information and documents should we keep in our personnel files?

A. You should include pretty much all documentation concerning an employee’s history with the company—attendance, pay history, job history, discipline and evaluations—except medical documentation and, perhaps, protected activity information concerning matters such as discrimination and harassment complaints.

Termination and the right to see records

Q. In New York, does a terminated employee have the right to see his personnel file or other documents?

Made a mistake? Fix it fast to avoid liability

It can happen to the best manager or HR professional. You discipline or demote an employee, and then, when she files an internal grievance or asks the company to reconsider, you conclude she shouldn’t have been disciplined or demoted in the first place. What should you do?

Beware shifting explanations for firing

If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.

14 winning methods to sell any product or service in a down economy

Afraid the recession is here to stay a bit longer? If so, you're not alone. Many economists are predicting doom and gloom. Here are 14 strategies companies use to maintain—even increase—sales, while their competitors struggle to stay afloat.

Tips on using testimonials

Using testimonials—quotations from satisfied customers and clients—is one of the simplest and most effective ways of adding punch and power to brochure, ad, and direct mail copy.  Here are some tips for using testimonials.

Taming the paper monster: 3 tips for organizing files, records retention and email management

A comprehensive document management system can help your business boost productivity, improve the bottom line and stay out of legal trouble. Here are three ways to organize files for easy retrieval, establish a record retention schedule and tame your wild email inbox.

Ten ways to improve your technical writing

Better technical writing can result in proposals that win contracts, advertisements that sell products, instruction manuals that technicians can follow, and letters, memos, and reports that get your message across. Here are ten tips on style and word choice...

The government end-of FY spending frenzy

The question is how does a company go after that end-of-FY trove? Well, here’s the good news. You don’t need a contract to go after the “low hanging fruit,” in government parlance “micro-purchases.”

How to write the perfect rejection letter

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

The importance of initiative

America’s foremost business philosopher, Jim Rohn, says the biggest mistake people make is thinking they work for someone else, rather than themselves. When you pretend that you work for yourself, you’re more apt to take initiative. Here's why.

Writing in the Internet Age

I was asked to comment on an article on business writing two authors had submitted for publication. The article's premise was that, even in our technological era, writing skills are more important than ever. Here was the reply I gave:

Get a little closer

Online relationship building takes work. But companies that go the extra mile see benefits ranging from improved customer loyalty to increased sales. Here are six ways to get closer to your customers in the virtual world:

14 tax-savers in new stimulus law

The massive new “American Recovery and Reinvestment Act of 2009” signed by President Obama on Feb. 17 is bursting at the seams with tax breaks designed to help both individuals and small businesses. Here’s a roundup of 14 tax strategies under the new law.

Is it time to start using an electronic I-9 system?

U.S. Immigration and Customs Enforcement is actively encouraging employers to use computerized versions of the federal I-9 employment eligibility verification form. Is it time for you to ditch your paper I-9s? These pros and cons will help you decide.

Manage absences by asking employees why they're out

Employee absences are costing your business more than twice as much as health care, two recent surveys reveal. Cutting even a fraction of absences can have a potent impact on your organization’s bottom line—an attractive possibility in a tight economy when employers need workers to be as productive as possible.

Staying one step ahead of your boss

Much more than a gatekeeper, a good executive assistant can double or triple a boss’s efficiency by staying one step ahead of him or her. The more an assistant can predict an executive’s needs, the less he or she will need to interrupt.

What are the ground rules for records retention?

Q. How long do I have to keep employees’ personnel files after their terminations?

Memo to staff: Put up with those you dislike

What if an employee files a discrimination complaint with the EEOC and then suddenly finds herself having to work with someone she deems undesirable? Can she sue and allege that transferring the person she doesn’t like into her work section amounts to retaliation for filing the EEOC complaint?

Can we make staff provide emergency contact info?

Q. We're cleaning up our personnel files and updating emergency contact information. Some employees don't want to provide their contact information. Is it legal for us to require them to give it to us?

Next-generation newsletter

One Internet advertising technique that’s assisting companies in the hunt for customers is the podcast. It’s difficult to effectively utilize this advertising format, however, without understanding the strategies involved. Consider these tips from Mequoda Group editor and publisher Amanda MacArthur:

Records retention: What to keep, what to toss

Small business owners usually aren't HR professionals. Figuring out how to effectively — and legally — manage your personnel records is often a daunting task. But, developing a records retention schedule will ensure that a small business keeps the records it needs for operational, legal, fiscal or historical reasons, and then destroys them when they're no longer useful.

Communicating with technology: 3 laptop tips for your next meeting

Use your laptop to squeeze more productivity out of meetings: Share data; brainstorm better; take and distribute meeting notes digitally.

Immigration agency weighs in on electronic 1-9s

Since 2004, employers have been authorized to use computerized versions of the federal Form I-9, Employment Eligibility Verification. Now U.S. Immigration and Customs Enforcement (ICE) is actively encouraging the practice. Should you ditch paper I-9s and switch to electronic completion, filing and storage of workers’ employment eligibility information? For most employers, the answer is yes. Here’s a rundown of the pros and cons.

Learn from these mistakes

Here are three costly direct marketing mistakes cited by Warren Hunter, chairman and CEO of DMW, and how to avoid them:

The 4 levels of marketing confidence

During my nearly a quarter century as a copywriter and marketing consultant, I have observed that business owners and managers fall into one of four categories as far as their competence and skill in marketing is concerned.

Working for a poor time-manager?

Your boss just can't seem to get it together when it comes to managing his or her time? Your boss is always late for meetings, can't seem to make decisions quickly and doesn’t churn out projects in a timely manner. In short, he or she is making both of you look bad. What can you do?

15 most powerful software tools for small biz

These days, most small businesses rely—either somewhat or heavily—on software applications. According to a new report by PC World magazine, here are 15 of the best free and low-cost software tools for powering any small or midsize business.

Employers: Start using revised Form I-9 on April 3

Effective April 3, 2009, employers in the United States are required to use a revised version of the I-9 form. Here are the details, plus a Q&A from the U.S. Citizenship and Immigration Services (USCIS) ... 

Is your e-portfolio ready for Google?

Whether or not you’re actively looking for a job, it pays to ratchet up your professional image outside your office. (After all, you never know who might google your name.) For that, the e-portfolio can be your most powerful tool.

The 10 rules every HR pro must know

Lawsuits may be inevitable in today’s litigious society, but losing them is not. Follow these 10 rules to prevent the most common employment-related lawsuits—or at least increase your chances of winning them.

What works best in e-mail marketing: long copy or short copy?

 “What works best in e-mail marketing?” I got asked for the umpteenth time the other day. “Long copy or short copy?” It’s a quandary for direct marketers much more so than general marketers. Here’s why:

So … how's the tax climate in your state?

Wyoming has the best tax system, and New Jersey the worst, for “business friendliness,” reports the Tax Foundation’s 2009 State Business Tax Climate Index.

Can't find good newsletter items: here are 29 good places to look

Coming up with good story ideas is one of the toughest tasks in publishing a company newsletter. Here's a checklist of story sources to stimulate editorial thinking and help identify topics with high reader interest that help to promote the company.

7 unique employee benefits programs

From surveys of employees' lifelong dreams to alumni reunions to baby showers for moms-to-be, here's a rundown of seven innovative benefits practices employers are using to reward and retain the staff they need. They're compiled from the popular "What's Working" pages of HR Specialist's Compensation & Benefits newsletter.

Immigration compliance issues and changes to track in 2009

Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

Can a 'bad' motive firing of an at-will employee backfire?

Marsha Bartel was an award-winning NBC journalist working on the “Dateline NBC” television show. NBC fired her, claiming it was laying off staff. She sued, alleging NBC had fired her for complaining that the show was not adhering to NBC’s internal ethical standards. The case offers some important reminders about how to handle termination of at-will employees.

5 new ways to do slide shows online

Thanks to flashy tools, you can compose and distribute business slide shows online in novel ways. You may have heard about Google’s web-based presentation tool, where several collaborators can work on a slide deck simultaneously in real time. Here are other ways to give your bullet points added impact.

Barista back as Starbucks settles NLRB complaint

Erik Forman, a barista at a Minneapolis Starbucks who claimed he was fired in July for promoting a union drive, is pouring ventes again after the java giant settled a National Labor Relations Board complaint he filed.

Workers gone wild ... and the legal lessons to be learned

Employees do the darnedest things, and HR frequently winds up trying to undo the damage. One of the highlights of HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium will be a session on “The Most Bizarre Recent Workplace Cases—and What You Can Learn from Them.” Here’s our take on the topic, with cases pulled from the pages of HR Specialist newsletters.

Aging parents? Plan for the unplanned

Handling the sudden needs of aging parents is likely to be a major workplace disruption in the next few years. Why? The senior population in need of daily care is set to rise nearly 40% in the next decade. Here’s how to prepare for the crisis.

'Brawny' gal not afraid to fail

Kathy Walters made many sideways moves, sometimes running different functions for three or four years at a clip. “All this so I could really understand the trade-offs you make in leadership,” says Walters, an executive vice president at Georgia-Pacific.

Remind bosses: No reprisals for complaining

It’s easy to understand why supervisors and managers get upset when one of their subordinates files an EEOC complaint. After all, how can you not take it personally if someone says you discriminated based on race or sex or for some other illegal reason? But the worst thing those managers and supervisors can do is punish the subordinate.

Gov't workers with free speech claims can charge retaliation

An employee who works for a government agency or other public employer and files an internal grievance may be protected from retaliation. That’s because the grievance may be protected First Amendment speech, against which the employer can’t retaliate.

Must we allow former employees access to personnel files?

Q. A former employee has contacted our HR manager demanding a copy of her personnel file. Must we make this available?

Feds issue new I-9 form: Start using it by Feb. 2

U.S. employers must begin using a revised version of the I-9 Form starting Feb. 2. Employers that use the current edition of the I-9 (dated 06/05/2007) after Feb. 2 may be subject to fines.

N.J. Supreme Court sets rules for proving religious discrimination

The New Jersey Supreme Court has ruled for the first time on the proof employees must offer to make a religion-based hostile work environment claim stick. The case, Cutler v. Dorn, established that New Jersey courts must decide workplace religious discrimination claims using the same legal standards they use in racial and gender discrimination claims.

HR technology: Shortcuts to find the best vendors, products

Say your CEO tasks you with cutting HR department costs. You know technology can help slay that cost dragon, but you have no idea where to start. Instead of combing through hundreds of vendor web sites, use these nonbiased resources to search for the right HR tech products.

Google Spreadsheets

Google Spreadsheets is Web-based software that allows you to create new spreadsheets online, or to import and share existing Microsoft Excel files.

Don’t forget your internal customers

While you may fret over the bottom line and how to grow your business in these difficult economic times, your internal customers — employees — are dealing with their own anxieties. And chief among them is paying their bills. Obviously, handing out bonuses as performance incentives, offering a good benefits package, and providing opportunities for career advancement are critical to any employee retention effort. However, like a good coach, you also need to build your workers’ self-esteem at the individual and team levels. Here are a few suggestions:

Be ready to explain if HR files include photos

Sometimes, it seems employees and their lawyers can take even the most innocent event or evidence and find a way to twist it into a discrimination case. That’s why it’s important for employers to have solid reasons for all decisions. You never know when someone is going to second-guess you ...

Track discipline by protected characteristics

Poor performers who think they have been discriminated against when fired, demoted or otherwise disciplined can still win a lawsuit—if they can show that others outside their protected class were just as lousy but didn’t receive the same discipline. Be ready to defend yourself with solid, carefully documented proof...

What can we do if former employee might have taken info to competitor?

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?

Direct mail sins

Even in today’s increasingly fast-paced and competitive multimedia environment, the proven maxims of direct mail marketing remain true, with some adaptation to present realities. Warren Hunter, chairman and CEO of DMW, offers his contemporary interpretation of the four most costly mistakes in direct marketing:

3 moves toward an empty inbox

Managing the stream of email that gathers in your inbox every day can feel like an impossible task. Slim down your filing system into this “trusted trio” of action-based folders.

Crying wolf? 4 steps for handling serial complainers

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? ...

Finally, I'm on LinkedIn. So, now what?

If you join online networks like Facebook or LinkedIn, make it worth the effort. Follow these tips to get the most out of online networking.

Your guide to medical confidentiality under the ADA and the FMLA

Both the ADA and the FMLA have strict requirements for how employers must handle employees’ confidential medical information. HR professionals need to know these rules to comply with both acts—and to avoid expensive legal liability for failing to do so.

Act fast and fairly to investigate when employee complains of hostile work environment

No matter how hard you work to make sure your workplace is a model of fairness and civility, you can’t rule out the possibility that an employee will come to HR with a claim that she’s being forced to work in a racially or sexually hostile environment. How you handle that complaint may make the difference between nipping an ugly problem in the bud and paying a huge jury award.

Market your website by getting inbound links

The #1 way to get your pages listed on page one in any search engine is to have a substantial number of inbound and outbound links. Getting your site on page #1 in search engines means that your content, products and brand are being found and explored.

Personnel records: Your guide to ADA and FMLA medical confidentiality

Both the ADA and the FMLA have strict requirements for how employers must handle employee’s confidential medical information. HR professionals must know these rules to comply with both laws—and to avoid expensive legal liability for failing to do so. Here are the details you need.

Personnel records a mess? Clean them up now

How carefully do you maintain your company’s personnel files? If they are a mess and don’t include relevant information such as applications, set aside time now to straighten them out! Courts are increasingly ordering employers being sued for discrimination to turn over any arguably related files ...

What are the rules for conducting pre-employment physicals and drug tests?

Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? ...

Whine not? Tell chronic complainer to just move on when latest allegation proves false

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? ...

Should you make copies of employees' I-9 documentation?

Federal law says employers are allowed, but not required, to make copies of the drivers' licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here's our analysis, plus answers to six common I-9 questions ...

E-mail is forever—So be careful what you say

An ill-worded e-mail, unlike a phone conversation, can come back to haunt you. Deleting e-mail doesn’t mean it’s gone forever, or that a recipient hasn’t saved, printed or forwarded it. Plus, there are plenty of computer experts out there who can recreate or retrieve deleted e-mail messages. The best policy is to assume that whatever is in an e-mail can be used against you in a court of law ...

The 5 rules for documenting HR decision-making

The best way to prevent lawsuits is to carefully document every employment decision. HR professionals and supervisors should be able to show exactly when a decision was made, who made it and what the basis for the decision was ...

Life after incorporating: 1-2-3

While state-by-state requirements vary, here are three important tips to help you keep your company in compliance and protect your personal assets in the event of legal action against your company:

Is there a legal reason to have employee photos in your files?

Sometimes, it seems employees and their lawyers can take even the most benign evidence and find a way to twist it into a discrimination case — even something as innocent as including photographs of applicants and employees in personnel files.

Reader Tip: Admin-to-admin

Can’t bring yourself to weed through that pile of catalogs? Here’s a great reader tip on streamlining your catalog files ...

Paying candidates for interviews: Folly or the future?

In many cases, the best candidates for your job openings aren’t in the job market. They’re happily employed elsewhere, and they need a major incentive to show up at your door for an interview. A new start-up job board intends to create that incentive ...

Prepare now for passage of the Employee Free Choice Act

Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.

Lost in MySpace: Protect yourself from Internet liability

Today’s brave new world of MySpace, blogs, Google, and IMs has led to a scary new world for your organization.  E-mail and the Web are creating shocking new legal risks for U.S. employers. Where’s the line between prudent monitoring and invasion of privacy?  Are sexy or violent postings mere “venting” – or a warning of workplace danger?  These are the problems that experts are debating … and that attorneys are litigating.

Employment taxes: IRS and states join hands to stem violations

The IRS and the individual states figure they have a better chance at catching employment tax scofflaws by working together.

Survive a layoff by planning ahead

No one likes to think about layoffs. The best way to survive a layoff, though, is to prepare and protect yourself ahead of time.

A 'Neat' way to keep receipts neat

For the boss whose drawers and briefcase are whitened with business cards and receipts, it might be time for this tech solution: Neat Receipts (www.neatreceipts.com).

1-Minute Strategies: Nov. '08

Wow clients and others in your network by sending handwritten notes to thank, follow up with or congratulate. Video producer Ellen Barnard says she always sends handwritten notes or flowers to clients, and “they’re left with the impression that I’m really good at what I do.” ...

Multitask with souped-up cell phone

Don't have a fancy smartphone? These add-on tools can make your cell phone as much of a workhorse as an iPhone.

Downtime: When to Pay for Meal and Rest Breaks

It's a deceptively simple concept: You have to pay nonexempt employees for every hour they work. But employers often trip over interpretation of that law when it comes to exceptions such as meal and rest breaks. Here's a plain-English explanation of a sometimes tricky situation. PLUS! Find out what workers are really doing on their coffee breaks!

DHS Issues 'Final' No-Match Letter Rule, While Critics Vow to Continue Opposition

The Department of Homeland Security has, for the second time, issued a final rule on what employers must do when they receive "no-match" letters questioning the employment eligibility of their workers. Immigrant-right groups are preparing to oppose the rule. Next stop: a federal court in California, where a judge will decide whether the new rule is constitutional.

Must you provide employees with printed copies of annual reviews?

Q. We have a supervisor who does annual review meetings with his employees, but doesn’t give them a printed copy. He told our HR department that he keeps the reviews at home and doesn’t want to give us copies. Must we retain copies in our official employee file? — A.R., Minnesota ...

Top 5 productivity killers

Here are the top five productivity killers capable of slowing down any company ... and ways to avoid them.

Public employees must file USERRA claims in state court

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court ...

Ethics battle rages as Election Day approaches

State Auditor Les Merritt has released a preliminary report concluding that the State Ethics Commission is “hiding facts from the public” regarding its termination of commission office assistant Amanda Thaxton and a related investigation into whether it gave Democratic gubernatorial candidate Lt. Gov. Beverly Perdue preferential treatment ...

Online Backup for Effective Disaster Recovery

Is tape backup the best solution for your critical information ?


The answer we are hearing from more and more businesses is an overwhelming No!   Numerous clients have referred to some of the many recent instances of stolen laptops that have contained thousands (or more!) of sensitive customer records that have potentially been compromised from their backup tapes.  Other clients have mentioned critical financial data being lost or damaged as a result of flooding.

The Office Organizer: Tips on file organizing, record retention and email management

A comprehensive document management system can help your business boost productivity, improve the bottom line and stay out of legal trouble. Here are three ways to organize files for easy retrieval, establish a record retention schedule and tame your wild email inbox.

HR Groups Rally Around Legislation to Create New Electronic Verification System

Congress is considering legislation that would create a new mandatory electronic employment eligibility verification system to replace the current, widely criticized E-Verify program. HR groups are applauding, in part because 90% of employers already use the software on which it is based. Learn more about a proposal that could greatly simplify a cumbersome process.

4 new tricks for long-distance training

Thanks to flashy new tools, you can compose and distribute business slide shows online in novel ways. You may have heard about Google’s new web-based presentation tool. Here are other ways to give your bullet-point training more impact ...

Search with Google tips and ye shall find

Avoid wading through page after page of search results by making your Google searches more targeted. Here’s how to get exactly what you need.

Use company history as a motivational tool

Combing through the company archives can unearth a great source of motivational material.

Search and ye shall find: 7 googling tips for HR

Local salary data? Compliance advice? HR professionals are constantly trawling the web to dredge up answers. To improve your chances of finding exactly what you need, follow these search tips ...

New debt collection software helps small businesses

Invoice management and chasing down late payers is a time-consuming and frustrating aspect of running a small or medium-size business. A team of collection agency professionals has designed a new billing and debt collection software application that aims to solve this headache ...

Be inspired in a few minutes

Be inspired in a few minutes with www.WomenforHire.com’s latest feature.

Start using the new I-9 form by Dec. 26

Final approval of a new I-9—plus the government's recent decision to back off on new rules for handling no-match letters—brings to a close a busy fall season in which employers’ role in immigration enforcement has been in the spotlight. What does it all mean for HR?

Acceptable Documents for I-9

HR Law 101: Under the Immigration Reform and Control Act, new employees must provide to employers proof of identity and employment eligibility with documents listed on the I-9 Form ....

6 ways to work around a disorganized boss

A common trait among perpetually disorganized bosses is that they don’t prioritize well, says training consultant Donna Festa-Zereconsk.

How to get your 'e-portfolio' ready for Google

Whether or not you’re actively job hunting, it pays to ratchet up your professional image outside your office. (After all, you never know who might google your name.) For that, the e-portfolio can be your most powerful tool ...

Save energy: Buy durable, not disposable

By cutting back on the consumption of little things such as paper cups and ballpoint pens, we save the energy required for production, packaging, delivery and even recycling.

Don't overlook fresh evidence that the employee you fired deserved to go

Sometimes, employers fire employees for the wrong reasons and end up in litigation. Then, while preparing to defend against the wrongful-termination case, they discover other—perhaps even better—reasons to have terminated the employee. Make sure your attorneys know about the new evidence ...

Must we turn over personnel records that might compromise an investigation?

Q. A former supervisor is the subject of an ongoing sexual harassment and retaliation investigation. He is asking to view his personnel records. The records contain the details of the retaliation complaint. Does he have the right to review his own personnel file? ...

How long must we retain records?

Q. How long should I keep employment-related records, such as wage information and personnel files? ...

Go ahead! Fire if worker sneaks confidential docs to EEOC

Employees who file EEOC complaints may assume they can rifle through company files looking for smoking-gun evidence of discrimination. Bad move. Employers don’t have to put up with such outrageous antics—if they have the right policies in place ...

Could a court order force us to compromise our employees' privacy?

Q. I heard that Google is being forced to hand over YouTube access logs to Viacom as evidence in a copyright suit. This seems like a major privacy issue. Our company provides free health information to our employees over the Internet. Our internal web site users have created employee profiles that include personal information such as their names and e-mail addresses. Could we be forced to hand over our user information if we ever became involved in litigation? ...

Track which employees have access to hazardous areas

If your organization manufactures products, your employees probably come in contact with hazardous chemicals or solvents from time to time. Of course, you follow OSHA guidelines and make sure employees on the production line use adequate protective gear. But what if an employee who works in the front office decides her lung or other health problems are work related and files for workers’ compensation? ... 

The New Kind of I-9 I.D. You Must Accept

U.S. employers must begin accepting the government's new wallet-sized passport card—a portable alternative to the traditional passport book—as an acceptable document for completing Form I-9s, the U.S. Citizenship and Immigration Services has announced. Here's what you need to know about this new form of I.D.

What are the rules on employee access to personnel records?

Q. Are we required to allow employees to inspect their personnel files? Must these files be retained at each office (rather than at a centralized location)? ...

Give Your Managers a 4-Sentence Script for Responding to Complaints

When one of your employees confides in her manager that she’s being harassed by a co-worker, what will that manager say? Hopefully, it’ll be something more constructive than “Go along with it,”...

Judge Upholds 'Guns-at-Work' Law; Companies Duck and Cover

A Florida judge has upheld that state's new "guns-at-work" law that allows employees to keep firearms locked in their cars on company parking lots. But many employers are aggressively looking for ways to keep the weapons off their premises, using special exemptions built into the law. With two other states recently enacting legislation similar to Florida's (and more poised to consider the issue next year), this is an issue HR needs to monitor.

Attendance policies: Control absenteeism without breaking the law

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

 

Investigate harassment even if employee complains belatedly

What happens if an employee has tolerated mild harassment for years without complaining and then the behavior escalates? If the employee stops work, takes disability leave and then files a sexual harassment complaint, what should you do? ...

Strong privacy policy can curtail rifling through files

Employees who are involved in employment disputes often think they can simply gather up any evidence they find lying about and turn it over to their lawyers. Smart employers try to limit the damage that revealing such confidential information may bring by holding all employees to reasonable privacy and confidentiality rules ...

Union-free and eager to stay that way

Q. Our company has operated union-free for many years. How can we best protect ourselves against future union-organizing activities? ...

Remind employees often and clearly about handbook

Smart HR pros set up tickler files to remind themselves to make sure everyone has the current version of the employee handbook—and any arbitration agreements you ask employees to sign. That file makes it easier to ensure every employee has an up-to-date copy and gets revisions every time policies change ...

A funny thing happened while you were out of the office

Huntington Township Assessor Joan Stoffel has filed a lawsuit claiming a new state law that phased out elected township assessors is unconstitutional. Stoffel is seeking class-action status on behalf of more than 100 township assessors ...

How long must we retain employee records?

Q. How long should a company keep its basic employment records once an employee has been terminated? ...

List all recent problems when citing reasons for firing

Even when an employee has been performing poorly for some time, it’s tempting to cite just the latest problem as the reason for termination. But if you list just one firing offense, you run the risk that the employee might prove the discharge reason you used is false. That could give her a chance to take her case to a jury ...

Anchors, oy vey!

There may be something to the tales of a bitter rivalry between Alycia Lane and Larry Mendte, both news desk fixtures at CBS affiliate KYW-TV in Philadelphia—and now both in legal hot water ...

How to protect yourself from Internet-Related liability

The Internet is an invaluable tool in many workplaces, but lately it’s become a somewhat unexpected cause of employment law litigation. Two issues lead the wired way to the courthouse for employers: gathering information about job candidates through web sites and potential liability for what their employees do while using the Internet ...

Can emergency contact info be mandatory?

Q. We’re cleaning up our personnel files and updating emergency contact information. Some employees don’t want to provide their contact information. Is it legal for us to require them to give it to us? ...

Are administrative rankings based on your boss’s title vs. your skills equitable?

Question: “My company has just launched a ‘Career Ladder’ with various tracks and role profiles. The administrative track is the only one in which the levels are related to the status of the boss. In other words, you can be an Executive Assistant only if you support a President. As I was hired as an executive assistant, but support two senior vice presidents, effectively I am being demoted.  Does anyone else have a similar experience with Career Ladders and/or administrative rankings based on whom you support rather than your skills?” — Julie Thomas

Is your corporate career site actually hurting recruiting?

Identity theft and liability: How to reduce the risks facing your business

How safe is the confidential customer information your company keeps? The Privacy Rights Clearinghouse says that, since February 2005, the personal information of 88 million people has been compromised by data security breaches at companies or government agencies ...

Departing employees and personnel files

Q. If an employee who is leaving the company requests to take a copy of his or her complete personnel file, must we provide it? If so, does that include all records from the separate medical file and any confidential file? ...

6th Circuit rules: Association discrimination now illegal in Ohio

Employers, beware! Retaliation against a third party who is associated with an employee who engaged in protected activity now can be the basis of a lawsuit in Ohio ...

Ready, set, E-Verify!

Genetic Information Nondiscrimination Act

HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.

El Paso commissioners withdraw support for immigration raids

On May 5, El Paso County officials adopted a resolution calling for an end to workplace immigration raids until Congress passes comprehensive immigration reform legislation. The “Rights and Justice for Immigrant Workers” resolution calls for eliminating employer sanctions and no-match letters ...

An introduction to North Carolina Employment Security Law

 The North Carolina Employment Security Law provides unemployment compensation benefits for some employees who lose their jobs. To qualify, unemployed workers must have registered for work and periodically report to an unemployment office. Occasionally eligibility disputes find their way into court ...

Follow These 5 Rules for Documenting HR Decision-Making

The best way to prevent lawsuits or to get a quick dismissal of unfounded charges is to document every employment decision carefully. Following these five simple rules can convince judges and juries that your HR decision-making is legit, above board and fully in line with the law.

Track HR decisions to show discipline wasn't harassment

The best way to prevent lawsuits or to get a quick dismissal of unfounded charges is to document every employment decision carefully. You and your staff should be able to show exactly when a decision was made, who made it and what the basis for the decision was ...

Must we turn over personnel file to former employee's attorney?

Q. We fired an employee based on an eyewitness account of theft. We documented that report and put it in the former employee’s personnel file. That person has now hired an attorney and asked to see the file. We believe we have no obligation to respond. Do we have to turn it over without a subpoena? ...

Is HR protected for refusing to follow biased orders?

What happens if management wants to fire or otherwise punish an employee for discriminatory reasons, and HR objects? Can an HR professional who is then fired for refusing to play ball proceed to file her own EEOC retaliation or protected-activity claim? Learn how this issue can affect your organization—and your own career.

Should we now be using the new I-9 Forms to document worker eligibility?

Q. Our HR department is using I-9 forms from several years ago. At what point should we use the new revised form issued by the federal government? ...

Administrative Assistant Handbook: What should be included?

Question: “We are trying to put together a handbook for our administrative assistant staff. From your experience, what should we include in it?” — Cindy Miltgen

Petty slights and ostracism don't add up to retaliation

Sometimes, it seems as if every employee who ever filed a complaint about real or imagined discrimination follows up with a retaliation lawsuit. Ever since the U.S. Supreme Court loosened the requirements for proving retaliation, lawyers have had a field day. At least the 8th Circuit Court of Appeals has begun reining in these lawsuits ...

MIOSHA appeal process: What to expect after receiving a citation

Two Michigan Department of Labor and Economic Growth agencies can issue safety citations under Michigan’s Occupational Safety and Health Act: the General Industry Division and the Construction Safety Division. Employers wishing to appeal a MIOSHA citation must follow a two-step appeal procedure ...

HR handles all transfers? Beware ERISA violation risk

HR is usually the first to know when an employee files an ERISA complaint or lawsuit. Since HR also typically handles transfer, hiring and promotion paperwork, that can put the company at risk for a retaliation lawsuit ...

7 steps for conducting effective workplace investigations

Inevitably, your organization will have to conduct a workplace investigation. It may be because an employee has alleged discrimination, or perhaps someone has stolen something. Whatever the reason, an investigation is in order—and you have to get it right. An inadequate investigation can do more harm than good ...

Are you ready to explain each and every promotion decision?

Lawsuits sometimes seem to come out of nowhere. While you can reduce your risk through prevention, you can’t eliminate it entirely. That’s why you need a backup strategy. For failure-to-promote lawsuits, that strategy should involve being ready to explain each and every promotion decision with solid business reasons ...

"Pressing" questions: Are your FMLA inquiries violating the ADA?

“So exactly why do you need those four days of leave?” Your supervisors may ask such questions, perhaps out of curiosity or because they’re the ones who must approve FMLA requests. But as this ruling shows, asking the wrong questions—and then divulging that confidential medical info—can quickly turn into a violation of the Americans with Disabilities Act (ADA) ...

Tell managers: Unless you have notes, you can't terminate

The quickest way for an employer to get into big trouble is to retaliate against an employee who files a discrimination charge. Any negative employment action after the charge is filed may mean an additional lawsuit. Instruct managers to document any alleged poor performance—and make sure they use only objective, concrete measures ...

Personnel file policies & practices

Q. What records should we keep in an employee’s personnel file? ...

HR protected—But only if it actually helped file bias claims

What happens if management wants to fire or otherwise punish an employee for discriminatory reasons, and HR objects? Can an HR professional who is then fired for refusing to play ball proceed to file her own EEOC retaliation or protected-activity claim? ...

Word-of-mouth buzz: how to build it online

Is your business under review? No, we don’t mean an IRS review. Are you under review from your own clients?

The wisdom of showing written performance reviews to employees

Q. We usually don’t allow our employees to read or comment on their annual evaluations. Instead, we perform a performance review one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we need to provide them with a copy of the evaluation? ...

Must we release personnel file to employee terminated for inappropriate behavior?

Q. We recently terminated an employee for inappropriate workplace behavior. About two weeks after his last day of work, I received a letter from him requesting a copy of his personnel file. He did not state why he wanted it (although I can guess), and I’d rather not give him possible ammunition to use against the company in a lawsuit. Are we required to provide terminated employees access to or copies of their personnel files? ...

Checklist: A practical guide to investigating workplace harassment

The U.S. Supreme Court’s landmark decisions in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries were a wake-up call for employers to take affirmative steps to prevent, detect and remedy unlawful workplace harassment. When harassment rears its ugly head, here's how to conduct your investigation.

Insist on thorough documentation of background check results

Take care if you run background checks as part of your job application process. Be sure to document how you handle reference check calls, and document requests. You may need the files later, especially if you don’t hire the applicant in the end and he claims discrimination ...

All by itself, a lower evaluation score isn't retaliation

Nowadays, many employees who file discrimination complaints follow up later with retaliation claims. That doesn’t mean employers have no power to manage the workplace after an employee files a discrimination complaint. The key is to be levelheaded, reasonable and fair, especially at evaluation time. You aren’t required to reward discrimination complaints with inflated evaluations ...

Florida employers would be wise to have a computer-Use policy

It may not be a knife or a gun, but a computer is often a choice weapon when an employee decides to commit a crime. Employers that do not have—or consistently enforce—a computer-use policy may face unintended liability ...

Designing a Progressive Discipline Policy

Good news: You don't have to worry spouse will sue under NJLAD

Here’s one less thing you have to worry about if an employee files a New Jersey Law Against Discrimination (NJLAD) lawsuit against your organization: That employee’s spouse can’t hitch a ride on the lawsuit express ...

Congrats on winning! Do you really want attorneys' fees?

Sometimes, when an employee files a frivolous suit, it’s tempting to seek payback. If you succeed in getting the litigation dismissed, why not insist the losing employee pay attorneys’ fees and court costs? Before you throw good money after bad, consider whether you want your attorneys to spend even more time trying to get the employee to cough up ...

Check bankruptcy filings—You just might dodge a suit

In Michigan’s current tough economy, many laid off or fired workers are filing for bankruptcy. But that doesn’t mean former employees have given up on filing employment-related lawsuits. But these tight times have given employers an additional tool for finding out what they’re up against if they are sued ...

Document all employee record requests

The Bullard-Plawecki Employee Right to Know Act gives employees the right to review their personnel records. The law requires employees to make written requests to look at the files before they seek legal redress. Keep a clear record of all requests ...

Do employees have the right to access their personnel files?

Q. One of our employees is having disagreements with his supervisor over performance issues. The employee has asked to see his personnel file. Does he have a legal right to see his file? ...

What goes into a personnel file?

Q. What kinds of information and documents should we keep in our personnel files? ...

What to do with the 'informal' personnel files our managers keep

Q. In addition to the official personnel files we keep in HR, our supervisors keep informal or working files. Is this allowed? Does this practice present any concerns? ...

Talking about employee compensation

Q. My company has a policy prohibiting all workers from discussing their pay with other employees. Is this legal? ...

Termination meeting should include open door, easy exit

The setting for a termination meeting can be crucial in preventing an unexpected charge—false imprisonment. To avoid unfounded false imprisonment charges, make certain termination meetings are private, yet open. Allow the employee to sit by the door, with nothing blocking her exit ...

IRCA: Hiring Immigrants

HR Law 101: Two laws govern U.S. immigration policy: the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986, which was amended in 1990. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and legal work status.

Family responsibilities discrimination poses complex quandary

When employers make employment decisions based on sex stereotypes about caregivers or favor employees who don’t have family responsibilities, affected employees can successfully sue for family responsibilities discrimination (FRD) ...

Inappropriate info on old applications

Q. I was recently hired as the first-ever HR director for a company that has been in business for more than 40 years. While reviewing employee files, I was aghast to find applications from the late ’70s and early ’80s asking very inappropriate questions—the applicant’s political party, religious faith and even family planning goals. I know times have changed, and the company’s applications have been EEO-compliant for more than 20 years. But I worry that the company will get in trouble with the EEOC or other government agencies if the old applications are found in our files. Should I have older employees who filled out the inappropriate applications all those years ago complete and submit current EEO-compliant applications? ...

Be prepared to prove reorg or cost cutting as layoff reasons

Gone are the days when employers didn’t have to justify reorganizations or layoffs. Now—given the prevalence of electronic communications—you can expect a court to ask you to produce just about every piece of information used to determine who lost their jobs and who kept them ...

Washington Update: News from the NLRB, EEOC and USCIS

The New Year often brings a flurry of activity from the many federal government agencies that address employment issues, and 2008 is no exception. We’ve got good news on employers’ control over workplace e-mail, bad news for employers who discriminate and mixed news for those who want to hire foreign workers.

Parks manager pleads guilty to downloading child porn

Hillsborough County Parks Manager Thomas Goins is in jail after pleading guilty to downloading child pornography. A co-worker who found disturbing images on Goins’ work laptop alerted authorities ...

Even small changes in job status can be retaliation

Employers that give in to the temptation to punish a troublemaker for complaining about alleged discrimination set themselves up for a retaliation lawsuit. The irony, of course, is that often the underlying discrimination complaint will amount to nothing, while the retaliation case snowballs out of control. Even minor changes to an employee’s work schedule, routine or tasks may mean a large retaliation jury verdict ...

Maintain computer time records to prove overtime hours

When it comes to the Fair Labor Standards Act (FLSA), unpaid overtime claims are perhaps the most feared charges. It’s important to have solid records showing the hours worked, even for exempt employees. If it turns out the employee should have been classified as nonexempt, you’ll have to provide compelling evidence of the hours the employee actually worked ...

EEOC doesn't have to give much warning or detail in lawsuit

According to a recent Northern District of Illinois federal trial court ruling, the EEOC doesn’t have to give employers more than a modicum of information when it files a federal discrimination lawsuit. Apparently, it’s enough to start a lawsuit with only general allegations that an employer “engaged in unlawful employment practices” ...

How can I fairly schedule staff’s summer vacations in advance?

Question: “We're going to be incredibly busy this summer, and I'm already worried about employees' vacations interfering with our delivery schedules. I want a system for employees to submit their summer vacation requests now. I hope that will let us make realistic staffing plans. But I know some staff are going to complain, and I’m worried that I’ll eventually have to disapprove some leave requests. What’s a fair way to handle this?” — Steve, IL

What to do when you suspect an employee is stealing from the company

Few HR dilemmas are as sticky as dealing with an employee accused of stealing from the company. Here's how to handle the situation with care, making sure your organization doesn't overstep its bounds and expose itself to liability.

Beware changing recommendation after discrimination claim

Many employers have strict policies on giving references for current or former employees seeking other jobs: Keep it simple—dates of employment, positions held and pay rates. But sometimes supervisors supply glowing recommendations anyway. They need to know that if they do, they had better be willing to stick with the accolades, even if their relationships with the employees change ...

Your PC can double as a fax machine

Searching for a way to send and receive faxes through e-mail, so you can banish the time-consuming, paper-eating fax machine?

Sample Policy: Computer Usage

Sample Policy: Internet Usage

Does sexual harassment lurk in e-Mail? Can you disprove it?

In the age of e-mail, instant messaging and other written but ephemeral forms of communication, it’s easy to be caught off guard when an employee claims sexual harassment via the company computers. If an employee says she’s received hundreds of sexually explicit e-mails from co-workers or others associated with the company, could you prove her wrong? ...

The HR I.Q. Test

Here’s a test that measures your broad knowledge of the HR field. From the FMLA to comp and benefits to employee behavior you’d rather not know about, we’ve got the questions. Do you have the answers?

Any negative comments about work injury may lead to lawsuit

It’s frustrating when an employee you don’t think is seriously injured files a workers’ compensation claim, especially months after the alleged injury. However, you must resist the temptation to react negatively—for example, by bad-mouthing the employee ...

Paper, shmaper! As résumés go high-Tech, so should HR

Your organization could be missing out on some top talent if you shrug off the new high-tech applications and résumé tools that could someday make paper résumés obsolete. Here are some of the more popular high-tech methods that candidates (especially young ones) are using to market themselves, plus some of the advantages and disadvantages of welcoming them ...

You don't have to raise arbitration at the EEOC stage

If, like many employers, you would rather avoid litigation by relying instead on arbitration to settle workplace disputes, you probably know that employees still may take their claims to the EEOC. That’s because the agency claims an interest in knowing whether employers are following the nation’s anti-discrimination laws. But it’s perfectly legal to force an employee into arbitration over those same claims ...

Access to personnel files

Q. Am I required by law to give my employees copies of documents contained in their personnel files? ...

New I-9 form plus no-Match letters complicate hiring process

The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9 ...

Access to personnel files for employees working outside Texas

Q. If a Texas-based company has divisions in several other states, does the Texas law allowing employers to deny employees a look at their personnel files still apply? ...

Can the 'paperless office' work in an HR environment?

Q. Our office manager wants to move to a paperless system. Are there any documents that we must maintain in paper form? ...

Hospital workers suspended for peeping at George Clooney's medical files

When actor George Clooney was admitted into the Palisades Medical Center in North Bergen after a motorcycle accident, staffers scrambled to get a glimpse of the star. Others apparently contented themselves with a peek at his medical files ...

Going paperless: Can personnel records be electronic?

Q. We’re drowning in paper and would like to go paperless. Can we create strictly electronic personnel and payroll records? — T.P., Indiana ...

Rule against document removal supports legit business need

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company ...

Replace your I-9: Feds unveil revised form

That old stalwart of HR paperwork—the I-9—finally got its much-anticipated face lift. On Nov. 7, the U.S. Citizenship and Immigration Services issued a new version of the Employment Eligibility Verification Form (Form I-9). Start using it now!

Should your background checks include sex offender registries?

The Internet lets employers can find out much more about prospective employees than they could just a few years ago. One sort of web site of interest to employers doing background checks: the government’s sex offender registries. Follow these guidelines to use that information responsibly—and legally.

Looking for a court fight? Crack down after worker complains

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit ...

Do supervisors' 'Unofficial' employee files raise any legal red flags?

Q. We have several supervisors who insist on keeping their own private files on employees in their departments, especially to record absences and comp days. Is this legal? ...

Stolen disc costs two jobs, plus a week of vacation

An Ohio Office of Management and Budget intern was fired, and a manager has resigned after someone broke into the intern’s car and stole a computer disc containing sensitive state payroll and accounting information ...

Fired DMV watchdog files whistle-Blower suit

A former examiner for the state Division of Motor Vehicles (DMV) has sued under the state’s whistle-blower act, claiming he was fired for trying to prevent illegal immigrants from getting licenses ...

Supervisors need to know: don't penalize complainers

Sometimes employees file discrimination complaints just to see if their employers will retaliate in some way. Then they hit back with a retaliation claim. It’s a classic trap—and it doesn’t matter if the original complaint was weak. Don’t fall for it. Instead, make sure you treat the employee exactly as you would have if he hadn’t filed the complaint ...

Is a program available to send and receive faxes through e-mail?

Question: I’m searching for either a software program or service that will allow our company to send and receive faxes through e-mail, using our current fax number. We are a small office (8 people), but occasionally we need to send and receive large faxes and our fax machine frequently has line-quality problems.  Does anyone have any recommendations?  What are some factors to consider? — Atlanta

Insist employees follow to the letter Michigan Employee Right to Know Act terms

Michigan employees are entitled to look at their personnel files, and the Michigan Employee Right to Know Act sets out the procedure and penalties for employers that don’t allow access. Employees can sue for attorneys’ fees if their employers refuse access, provided they follow the rules. As the following case shows, courts take that requirement literally ...

Planned Parenthood defends race discrimination case

Planned Parenthood Centers of West Michigan in Grand Rapids won a race discrimination case filed by a black health care specialist, who was fired for falsifying patient records and dispensing emergency contraceptive pills (ECPs) without required staff approvals ...

Performance appraisals help in court as well as on the job

Performance appraisals are valuable tools to help put struggling employees back on track. But a low rating also can spur poor performers to consider legal action: Many discrimination suits have been launched on the wings of a poor performance appraisal. Fortunately, employers with solid appraisal systems usually have built-in defenses against such charges ...

Any good executive assistant job descriptions?

Question: I’m looking for sample job descriptions for an executive assistant to the President/CEO.  Any ideas where to look? — Frannee Johnson

DOT squeaks by drug-Test leak

Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice ...

Must we provide access to an employee's personnel file?

Q. Recently, an employee was involved in a nonwork-related car accident. The employee’s attorney sent the company an authorization letter demanding that we provide the employee’s personnel file in 20 days. It seems the attorney needs the information for a potential lawsuit (unrelated to the company) concerning the accident. Do we have to turn over the personnel file? ...

Quiz: How good are you at organizing?

Good organizational skills can help diminish chaos in your life … and not just at the office, says productivity guru Laura Stack.

Handling I-9 compliance from afar

Question: “We have operations in several states, and managers in those offices handle local hiring. I run HR from our headquarters, meaning I can't be there to review the original employment-eligibility verification documents new hires have to show when completing I-9 forms. How should I train managers to make sure we comply with the law? Do I need to spell this out in a policy?” — DB, Ohio

Keeping I-9 forms in separate file: Is it mandatory?

Q. I’ve read that we shouldn’t keep employees’ I-9s in their personnel files. Is this a suggestion or are there laws that require them to be in separate files? —L.K., Alabama ...

Employees must request copy of personnel file in writing

Q. An employee orally requested that we provide him with a copy of his personnel file. Employee files are voluminous, and we would prefer not to provide a copy if we don’t have to. Are we required to copy the file for our employee? Can we require that the employee copy the file on his own time? ...

When disciplining employees, pick one reason and stick with it

Nothing raises suspicion among judges and juries more than inconsistent explanations. For example, shifting reasons for firing someone can backfire. You’re courting trouble if the employee filed a discrimination claim with your HR office or the EEOC or sued your organization before being fired. The key to a clean discharge—especially when the employee has filed discrimination charges—is picking a legitimate reason for firing the employee and sticking with it ...

Political Expression at Work: Limit Distractions, but Allow Free Speech

Top 5 e-mail mistakes and how to avoid them

E-mail is a great business tool, but sometimes it makes one yearn for the bad old days of neatly typed (and proofread) memos in interoffice envelopes. Here are five tips to share with employees to keep e-mailing safe and productive, rather than embarrassing and destructive.

The smoke-Free workplace: complying with Florida law

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of ...

Immigration: Know your 'Border guard' responsibilities

Together, the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986 govern U.S. immigration policy. IRCA was amended in 1990. With each new law, employers gain new responsibilities. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and his or her legal work status. Employers can hire only those who are eligible to work legally in this country ...

Don't add insult to injury: Be careful what you say about litigious employees

When a former employee sues and you think the lawsuit is frivolous, resist the temptation to belittle or punish the employee by discussing the case. Small talk can mean a big payday for a former employee who finds out and files a defamation lawsuit. What’s more, you could be personally liable if a jury finds you acted vengefully or with ill will. The best advice: Don’t discuss pending lawsuits. If you say nothing, you can’t be accused of slander ...

Judge slams brakes on new 'No-Match' enforcement rules

A U.S. District Court judge has issued a temporary restraining order that stops the Department of Homeland Security from enforcing new rules on how employers must respond to no-match letters. A groups of civil liberties and labor organizations filed a lawsuit charging that the agency doesn't have the authority to use Social Security records to crack down on illegal immigration.

Sample Policy: Access to Personnel Files

Excel 2007 users: Make your data visible

Excel 2007 files use the new .xlsx format. Unfortunately, no other version of Excel can read them unless you install a special compatibility pack.

10 ways to smoke out exaggerations on résumés

Do you know whom you're disciplining?

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied ...

Employee access to personnel files

Q. Who has the right to view personnel files? ...

Swap big documents quickly without overloading e-mail

How? “Tubes” is a free download that allows you to drag and drop files into a virtual tube to deliver documents instantly. It creates secure peer-to-peer connections (or “tubes”) between your machine and another one ...

How to handle 'No-Match' letters: New rules go into effect on Sept. 14

The Department of Homeland Security just published final regulations that provide guidance to employers on how to respond to "no-match" letters, which notify employers of discrepancies with employees' Social Security numbers. If you follow those steps correctly, you’ll earn immunity from penalties if illegal workers are found at your business. How can you comply? Read on.

Microsoft Access 101

Question: I am building a Microsoft Access database, but I don’t know where to start?  I know what I want to do, but I don’t know how to begin. - Angela Thomas

North Carolina Retaliatory Employment Discrimination Act

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA ...

Find it hard to get away? 4 planning tips

Do you find it too hard to break away? Don’t become one of the vacation-deprived Americans who leave their vacation days on the table.

Supercharge your PC: 4 tricks

Even the fastest computer could profit from a few tricks that make everyday tasks easier or faster.

Immigration: Know Your 'Border Guard' Responsibilities

Immigration reform was a hot topic in Washington during the first half of 2007, but Congress ultimately failed to pass legislation to tighten enforcement of decades-old laws that regulate which foreign-born workers are eligible to work in the United States. Fairly or not, look for employers and the HR functions to bear much of the enforcement responsibilities. Your best bet: Make sure you document employees’ eligibility to work by thoroughly completing and maintaining up-to-date I-9 forms ...

Stuck on Print Shop formatting

Question: A co-worker and I are using Print Shop Deluxe to create a newsletter. But we’re having difficulties saving it in the format the printer needs. The printer requests a minimum 300 dpi. Print Shop properties show 600 dpi, but when the print shop receives it, it shows up at  96 dpi. The printer also requests the file as .pdf .eps or .tif. I can’t seem to find those options.

Does anyone have any suggestions?

Are other programs more compatible when using outside printers, such as Quark, Adobe, etc.? And do they have the capability to print newsletters? - Tanya in Denver

Employees fear identity theft? Too bad: They still must provide social security numbers

Unfortunately, your HR personnel files are a goldmine for identity thieves, filled with all kinds of juicy personal data. But a new court ruling shows that the rise in identity theft doesn’t excuse employees from disclosing their SSNs to employers ...

Supercharge your computer: 4 tricks of the trade

Even the fastest computer could profit from a few tricks that make everyday tasks easier or faster. Here are four free tools that HR professionals can benefit from ...

Federal minimum wage goes up—and so should your new posters

The new federal minimum wage of $5.85 per hour means you need to put up new posters – even if your state's minimum wage is higher. We're making it easy to comply. You can download and print official U.S. Labor Department posters – for FREE – directly from the HR Specialist web site.

Minor changes to working conditions don't violate the FMLA

While employees are off work on FMLA leave, things may change at the office. Work space may be realigned and reassigned, for example. But employers are obligated to return FMLA leave-takers to the same or an equivalent position after the leave expires. Does that mean the employee must get the same desk, office or location? Not necessarily ...

Personnel records versus investigation records

Q One of our employees has just filed a complaint with the company claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?

Can We Retain Old Time Sheets Electronically?

It’s a nightmare to keep paper copies of all our employees’ time sheets. I can scan them and save them in electronic format. Can I throw out the paper copies after I scan them in?

When Supervisors Keep 'Unofficial' Personnel Files

Some of our managers keep personnel files that they don’t share with HR. Basically, these are “journals” about their employees. Is that OK, or should everything be kept in a centralized personnel file?

Cool traveling tools

Whether your boss travels every week or once in a blue moon, he or she will appreciate these travel-friendly tools to access information on the fly.

Astute leaders also 'lead up'

In 1862, Robert E. Lee sent Jefferson Davis a dispatch to demonstrate his leadership style.

“I will keep you informed of everything of importance that transpires,” he wrote. “When you do not hear from me, you may feel sure that I do not think it necessary to trouble you. I shall feel obliged to you for any directions you may think proper to give.”

Woman claims she lost job because of AIDS, seeks over $1 million

A Plant City woman has filed suit against 5-D Tropical, a Tampa fish farmer and importer, for AIDS discrimination ...

If you don't have a policy, you don't have a defense

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages ...

Train managers and supervisors: No humiliation allowed

While some may think it’s all in good fun, no employee should be the butt of bad jokes or other potentially embarrassing and humiliating conduct. Once started, such behavior often takes on a life of its own. It then becomes difficult to stop ...

Don't allow shift preferences that favor some, exclude others

Sometimes, it’s impossible to manage multiple shifts and satisfy everyone. Someone is bound to come to work unhappy ...

PPG faces discrimination suit for ADEA, ERISA violations

Five former employees who say they were fired for being too old and costly have hit PPG Industries, Inc., the Pittsburgh-based paint, glass and chemical giant, with a class-action lawsuit ...

Want to drive out litigious employees? $7.5 million is the going rate

Question: It’s natural to get mad when one your employees files a legal complaint or lawsuit. Getting mad is fine … getting even isn’t. But “getting even” seems to be a popular pastime in American businesses today. That’s why claims of retaliation are the fastest-growing form of illegal discrimination claimed by U.S. employees.

Workers have two years to sue under PHRA

When an employee files an EEOC claim and the federal agency decides to dismiss it, that employee has up to 90 days to file a lawsuit on his or her own behalf. But it’s a different story with the Pennsylvania Human Relations Act (PHRA) ...

Coke employees get jail time for trade espionage scheme

Two former Coca-Cola employees who tried to sell trade secrets to PepsiCo will serve prison terms and pay $40,000 in restitution ...

Do a Passed-Over Worker's Complaints Against a New Boss Count as Harassment?

Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is the boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, as the HR department, we have to take them seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

Texas court clarifies new definition of 'Retaliation'

Just a few months ago, the U.S. Supreme Court established a broad new legal standard for judging whether an employer has retaliated against an employee for complaining about discrimination (Burlington Northern v. White). Now, the 5th Circuit Court of Appeals has applied the standard to its first retaliation case after the Supreme Court decision. The news is good for employers ...

Good-faith discrimination complaints under the LAD

No doubt you’ve had employees complain about everything from unfair wages to unsafe working conditions, from harassment to retaliation. It’s your job to sort out the legitimate claims from the frivolous ones. Help has arrived. The New Jersey Supreme Court has made it easier to get a frivolous case tossed out early in the litigation process by making employees show they have a good case.

Setting overtime with Pa. agency covers fed claim too

Good news for employers: If an employee files an overtime claim with the Pennsylvania Department of Labor & Industry and the department settles the case and collects wages for the employee, the employee can't turn around and also sue under the FLSA ...

Give documents to terminated employees?

Q. Must I give employees copies of their reviews, terminations or disciplinary items? They are in their personnel files, but I don’t want them running to an attorney. We are not terminating or disciplining employees with any illegal intent, but these days you can never be too careful. –A.D.

Quit or fired? That's the question

Q. We had an employee who was not working out. We gave her the choice of resigning or being terminated. She chose to resign. We were happy because we understand that an employee who resigns is not entitled to unemployment compensation under Texas law? Are we right?—S.G.

ChildNet could have used 'Dragnet' detective work

Two facility managers for ChildNet, the agency that runs Broward County’s child welfare system, were fired after being implicated in several thefts at the agency ...

Overqualified new hire? Look out for sex disparity

Have you offered a well-qualified applicant a lower-ranking position than her experience indicates she’s qualified to perform? If so, better make sure there’s no sex disparity in your hiring patterns ...

Doing nothing after complaint leads to nothing but liability

The most direct route to a hostile-work-environment lawsuit is to ignore complaints. Do nothing and your liability builds with each new complaint ...  

Prior workers' comp case? Make sure discharge reasons are plausible

Illinois law protects employees against retaliation for filing workers’ compensation claims. To help your organization avoid needless litigation ...

Use confidentiality clause to guard against 'Litigation theft'

Employees pursuing legal actions against their employers sometimes snoop around to see what documentary “evidence” of wrongdoing they can find around the office. Protect yourself by having a clear policy against such unauthorized document distribution ...

It pays to hear both sides of the story before a firing

If your organization is like many, someone in HR ultimately decides whether to terminate an employee for poor performance based on supervisor recommendations and supporting documents, such as performance reviews. That can spell trouble if there’s more going on than meets the eye ...

Security-Breach Notification Onus Falls on Michigan Employers

Michigan employers will have a new set of responsibilities when the state’s new security-breach notification law takes effect on July 2. Under the law, owners and licensers of databases are required to notify Michigan residents whose personal information has been accessed by an unauthorized person. Failure to provide timely notice will subject employers to both fines and civil lawsuits ...

When planning a layoff, use a checklist to avoid needless age bias litigation

If an upcoming reduction in force (RIF) will affect older workers, create a paper trail to demonstrate compliance with the Older Workers Benefit Protection Act ...

Avoid Impromptu Job Reviews; It'll Look Like a 'Paper' Job

Warn your supervisors that if they quickly schedule negative employee reviews—particularly after an employee files a complaint—they could appear to be papering the employee's file in advance of a retaliatory firing, which won't look good in court ...

Remind young workers about downloading dangers

More than half (52 percent) of 1,000 college students surveyed said they believe it's OK, even in the workplace, to download or swap illegal software or files, according to a Business Software Alliance report ...

Employees' right to view personnel file is a state issue

Q. I support the concept of permitting employees to view their personnel files upon request, but I want to know if any law or regulation requires us to provide access. If so, where can I find out about this law/regulation? I’ve been unable to find the rule, and I’m beginning to suspect that we’ve passed this “law” around so long in HR that we believe it exists. –R.C., Alabama

State law decides if workers can see personnel file

Q. Are we required to let terminated employees come in and view their actual personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file. —T.M. California

How to Write Effective and Legal Job Descriptions

Mandatory arbitration: 7 ways to make it stick in court

More employers are requiring employees to solve employment disputes through arbitration. But courts are quick to invalidate mandatory arbitration agreements that don't meet the letter of the law. Don't back off mandatory arbitration because of legal uncertainties; just make sure to follow these seven rules ...

Prevent employee anger before it starts: 5 tips

One wrong move (especially during the firing process) can send employees running for courthouse. Teach supervisors to avoid unnecessarily angering employees by pointing out the following common mistakes ...

Illegal workers' presence continues to grow

Undocumented immigrants now make up almost 5 percent of the U.S. work force, according to a new Pew Hispanic Center study. The number of people living illegally in the country rose by at least 400,000 last year ...

4 employment law lessons from the courts

Use online tests to find best customer service staff

Because customer service employees are on your front lines every day, don't just rely on a résumé and a good first impression to choose such vital personnel. New low-cost online tests can help you determine who has the right stuff ...

EEOC launches crackdown on 'Caregiver discrimination'

If you’ve never heard of “family-responsibility discrimination,” or FRD, you soon will. The EEOC has issued new guidance to help employers understand how federal anti-bias laws apply to workers with caregiving duties.  The result: Expect more awareness (and lawsuits) from employees , plus more enforcement from the EEOC and state anti-bias agencies.

Interview notes can be a binding contract

Beware the legal risk of nasty notes in customer files

Do your employees make editorial comments about customer quirks in your internal files? Typically, it's not a problem. But a recent lawsuit shows the legal dangers of making potentially slanderous comments about customers in internal documents ...

If Employees Sue, Double-Check Their Qualifications

When employees sue you for discrimination, be sure to pull out their job applications and résumé for a second look. You may discover that they misrepresented their education or job history, which could sink their case ...

Attorneys' Fees Added to Award in Wage-Collection Case

The Pennsylvania Wage Payment and Collections Law, the state law that requires you to pay workers on time, also says you must pay employees' legal fees when you violate the law ...

Latest Low-Cost Perk: Helping employees land child care

With so much absenteeism linked to child care issues, more U.S. employers are offering employees access to new Web sites that help solve a common dilemma: finding a good, reliable babysitter ...

Sudden vigilance of company rules can look like retaliation

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation ...

Equal treatment is absolutely essential after employee's complaint

It may seem patently obvious, but judging from the number of lawsuits alleging retaliation these days, many employers still don’t understand the importance of equal treatment following a complaint ...

Must we give a fired employee his personnel file?

Q. I recently discharged an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees a copy of their personnel files? —B.N.

Use unemployment comp decision to defend a bias lawsuit

Here’s another good reason to aggressively contest unemployment compensation claims when you have strong evidence that the company fired the employee for a good cause (such as lying or stealing): You can use an unemployment compensation ruling to prove, in a later discrimination lawsuit, that you fired an employee for a valid, nondiscriminatory reason ...

When (and how) can Pa. employees peek in their personnel files?

The Pennsylvania Inspection of Employment Records Law guarantees employees the right to view their personnel files at work ...

Get organized: 6 ways to zip through e-mail clutter

Some people are deleters and some are hoarders. Either way, you can learn from these e-mail efficiency tips ...

How far must you go in Florida to protect employees' data?

In the process of recruiting, hiring, firing and just running a business, employers accumulate a large amount of personal data from applicants, employees and business associates. Florida law requires employers to take reasonable steps to safeguard such personal data ...

Deciding on promotion? Purge file of prior litigious actions

When it’s time to decide on promotions, do you send employees’ personnel files over to a supervisor or hiring committee to help make the decisions? Make sure the files don’t contain references to past discrimination claims or investigations. Otherwise, you could be inviting a passed-over candidate to sue for retaliation ...

Keep references to past litigation out of employees' personnel files

A group of black and Hispanic police officers have accused the NYPD of harassment for noting in their personnel files that they were complainants in a discrimination suit. The notations could damage their careers, their attorney says ...

How to comply with state's new Mental Health Parity Law

Shortly before leaving office, Gov. Pataki signed New York’s Mental Health Parity Law, which requires insurers to provide mental health benefits in all health insurance policies issued in the state ...

Preserve records or face jury's wrath on overtime pay

If you get wind of a possible lawsuit over unpaid overtime, make sure all your payroll records remain intact and available. Don’t crank up the shredder. If you dispose of related documents, the penalties under Ohio law can be especially harsh ...

How to respond when employees show mental instability

A star employee tells you his new depression medicine makes it impossible for him to get to work on time. Must you alter his schedule? ...

'Hello, Liability?' The new trend of telephone testing

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating ...

Neat freaks got you down?

Don’t chafe over the state of your desk. It’s wasted energy. David Freedman and Eric Abrahamson, co-authors of A Perfect Mess, have discovered that neatness isn’t all it’s cracked up to be.

Searching for a database program

Question: I need to update all our procedures and policies in a consistent format that the entire department can access with read-only capabilities.

I need a program that people can search by one word or the complete title. What works the best, Excel or Access? Are there other programs that work better? We are a large company and a large department.  -- JG

ADA: The Limits of Accommodation

Improve Your E-Mail Efficiency

Where to learn more about maintaining files and records

Question: I want to learn more about contract management processes, from the perspective of maintaining files and records. Can someone direct me to a Web site, a book or an online course that would help?  -- Marie

Looking for meeting request forms/templates

Question: A couple of years ago there was a "Your Problems Solved" article relating to scheduling meetings and other tasks often requested of Administrative Assistants/Secretaries. One or more respondents had Meeting Request Forms they used in order to get ALL pertinent information they needed to schedule a meeting (attendees, timeline for scheduling, etc.).

I cannot find the article, and now I find myself in need of such a form or template. Does anyone have one they could recommend and/or share?  -- S Clark

Hey customers! Guess what? We are sexual harassers!

Do you have to tell your customers you are sexual harassers? Yup, you might have to. Shocking, right? In a startling court order, a judge required a company to inform their customers about their sexual harassment verdict against them for over $1 million ...

ADA: AIDS and HIV

HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA ...

Constructive Discharge

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy ...

Providing References to Other Employers

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring ...

'Hello, liability?' The new trend on telephone testing

Why does testing bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating. While the U.S. Supreme Court has long acknowledged the importance and legality of such testers in civil-rights claims, two new court cases offer critical lessons for employers ...

Employee Privacy Issues

HR Law 101: None of your organization’s policies can compromise your employees’ right to privacy. You can’t obtain information about workers that’s not relevant to their job duties, and there are restrictions on what information about employees you’re allowed to disseminate ...

E-Mail/Internet Usage

HR Law 101: Employers have any number of legitimate reasons to monitor employees’ e-mail and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers ...

Employee Theft

HR Law 101: Employee theft costs U.S. businesses $40 billion every year, according to estimates by the U.S. Chamber of Commerce. And internal theft contributes to the failure of one in 10 U.S. businesses annually. That’s why it’s imperative for your organization to have a clearly defined anti-theft policy...

Seeking Senior AA job descriptions

Question: I read your Admin Pro Forum - Dealing with Divas, and I’m interested in obtaining a job description for a Sr. Admin Assistant. I am an executive assistant doing Sr. executive work. I’d like to see other job descriptions in order to help establish my own senior job description and present it to my boss. Having input from another senior admin assistant would be helpful.  -- Cindy

Ask the right questions...

Question: I will be working with a new director soon. When I meet with the new director, I would like to ask the right questions in order to get to know his work style or what he expects of me. I would like help in asking the right questions so I know what he expects. For instance, the information that I placed on my former boss’s Outlook calendar may not be what my new boss would like on his calendar. Another question might be how he prefers me to handle mail, for example, date stamped, placed in folders, etc.

What other questions should I ask?  -- Anonymous

State law dictates employees' access to personnel file

Q. An ex-employee whom we fired is now asking to take some documents from his personnel file. Is he legally allowed to do this? Do we have to give him the information just because he's asking for it? —L.B., North Carolina

Correct errors found in 'Old' I-9 forms

Q. Soon after I started in a new HR department, I reviewed the files and found that some of the employees’ I-9 forms don’t have dates or signatures, or they’ve been completed using outdated forms. Can I go back to employees and redo the forms, collecting current documentation? Or should I just make sure the right forms are used from now on? —J.M., Ohio

Limit Employee Access to Personnel Files

Q. I keep on file each employee's application, résumé, performance evaluations and any other praise or disciplinary records. Do I need to provide my employees with access to their files? And, if so, do I have to show them everything? —S.K., New Hampshire

State Laws Govern Access to Personnel Files

Q. What's the law on letting employees review all their personnel files? Can we prevent it? —J.S., Utah

References: Stick to Facts

Q. An employer asked us for job verification on an employee we fired. It has a written consent form from the worker allowing the query. Can I release any and all information regarding the ex-employee's history with us? —R.F., Colorado

Just Say No to Rescinded Resignation

Q. We have an employee who submitted a dated, signed resignation letter but then changed her mind and wanted the letter back. She was not a good employee, but we let her rescind the letter because we thought we'd be on shaky legal ground. Could we have held her to it? —M.L., Ohio

Keep copies of new hires' I-9 supporting documents

Q. Should I always make and retain copies of Form I-9 supporting documents? —K.L., California

Personnel Files: How Separate Must They Be?

Q. In a previous issue you said employers “must keep certain records separate from personnel files.” What, specifically, does “separate” mean—in separate drawers of the same file cabinet? In separate offices? How far apart do they need to be? —T.S., Illinois

Steer clear of cutting sick worker's job in half

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We'd like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we'd like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

Set tight time limits for keeping job applications

Q. Our employment application states, “This application will remain active for six months.” Is this time frame advisable? How long should applications remain active? And how long should I keep completed applications? —K.S., Minnesota

Include indemnity statement in temp agency contracts

Q. We're a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland

All-Electronic HR Files? Your Call if State Law Agrees

Q. You recently said that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK? —S.S., California

Subcontracting I-9 work won't end your liability

Q. We own a chain of restaurants. It has been a challenge for us to complete all of the I-9 forms and keep up with reverification of expired work authorizations. Is it legal for us to hire a company to handle these tasks for us? —A.M., Tennessee

Be consistent in handling unsolicited résumés

Q. We get numerous unsolicited résumés through e-mail and regular mail. Do we have any duty toward these individuals? Do we have any obligation to keep the materials they send? —R.B., Illinois

Personnel files: What to keep, and where

Q. What should we keep in personnel files? —G.T., Missouri

Tell employee of subpoena for personnel file

Q. We recently received a subpoena to produce the contents of an employee's personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena? —K.H., District of Columbia

Don't require staff to give emergency contact info

Q. We’re cleaning up our personnel files and updating emergency contact information. Some employees don’t want to provide their contact information. Is it legal for us to require them to give it to us? —S.S., California

Are mandatory arbitration agreements legal?

Q. We require, as a condition of employment, that our employees agree to resolve all disputes by binding arbitration, rather than going to court. One of my friends said a lot of the government agencies don't like those kinds of arbitration policies and one agency even decided that they were illegal. I know lots of employers have binding arbitration, so I don't think that could be right, but thought I better check. —S.T.

Go After 'In-House Hackers' Using State and Federal Law

The so-called paperless society ushered in by the computer age may mean fewer file cabinets and storage rooms full of paper records, but storing company records on hard drives has its own set of problems ...

Even Lateral Transfer Can Be Declared 'Illegal Retaliation'

Whenever one of your employees files a discrimination claim, you now need to be ultracautious about making any changes to that employee's job. That's because almost any change—including lateral transfers with the same pay and title—can now be deemed an illegal "adverse employment action" by the court ...

Review policy wording to ensure no e-Mail privacy rights

New Jersey employers have every right to monitor their employees' e-mail messages and computer usage so long as they have a strong electronic communications policy. That's true even if the content might otherwise fall under attorney-client privilege ...

Don't break wage promises to visa holders

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises ...

What does broad new definition of 'Retaliation' mean to you?

Expect this summer's blockbuster U.S. Supreme Court ruling, Burlington Northern v. White, to swell the number of retaliation complaints and legal claims ...

Consider access to personnel file even if not required

Q. We fired an employee based on an eyewitness account of theft. We documented that report and put it in the ex-employee's personnel file. That person has now hired an attorney and asked to see the file. We feel that we have no obligation to respond. Do we have to turn it over without a subpoena? —E. I.  

5 tricky issues in accommodating mental disabilities

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions ... and more?

Obtain approval to give out employees' info

Q. I've just joined a new company, and our HR people give out employees' information (wage data, demographic info, etc.) to anyone who calls to request it. Is that right? —P.L., Virginia

New rules affect how you store and preserve electronic records

New federal court rules for electronic-records maintenance and discovery took effect on Dec. 1, 2006. The rules govern discovery of electronically stored information in federal civil litigation ...

Use telecommuters? Avoid the 6 common legal pitfalls

The number of employees who work from home at least one day per month increased 63 percent between 2004 and 2006, says a new WorldatWork study. But as telework’s popularity grows, so do legal concerns for employers ...

Upcoming Supreme Court ruling could open floodgates for pay-Bias lawsuits

Hold onto those performance evaluations and internal memos that justify pay decisions a little longer. This is not the time to do a massive purge of employee files. Reason: An important U.S. Supreme Court case will decide how much time employees have to file charges alleging pay discrimination ...

Exempt status in question? 'Good-Faith' reply saves the day

If an employee comes forward to protest that you owe him overtime pay because he should truly be a nonexempt worker, it pays to act fast and be able to show good cause why you classified him as exempt in the first place ...

In handbook, spell out policies on promotions and pay

When it comes to promotions and wage increases, it pays to spell out for employees exactly how the process works. That way, you’re less likely to lose a failure-to-promote case or a pay-discrimination suit. ...

ERISA: Reporting and Disclosure Rules

HR Law 101: Employers must comply with the reporting and disclosure requirements of the Employee Retirement Income Security Act (ERISA), designed to protect employees’ rights to benefits. An employer’s benefits package must take the form of a Summary Plan Description, which you must provide to participants and beneficiaries to advise them of their rights under the plan ...

Software similar to MS Binder?

Question: Does anyone know of a software program that works similar to MS Binder?  -- Anne Smith

Consolidate tasks

Consolidate tasks with this supplement to your to-do list.

How to Write Effective and Legal Job Descriptions

Outlook: Formatting Contacts List - Help Needed

Question: My boss is the head of my company and a genius-engineer type. He must have his contacts in a book rather than an electronic format. Currently, I use Outlook 2003 and have created a contact binder with tabs for Home, Personal, Medical, Business, etc.

My boss wants several contacts from the same company to be seen under one company view (one contact name under the other with phone numbers under the master company header), instead of several separate views. He also would like to see the database sorted in different ways, but he wants more configurable views rather than the several choices of view from Outlook.

In relation to this, I have several questions to other admins.

  1. Would a skilled Outlook user be able to change the contact format and contact views into a more easily read format? If so, where could I get the training/knowledge (i.e., training CDs, courseware or live training) to do this?
  2. Does anyone know of any other database program out there for personal contacts that is very detailed, flexible and configurable? (We've already scrapped Access.)

Thanks for any help.

-- Karen Kosmoski

How to Make Legally Smart Job Offers

Texas Unemployment Compensation Act

Texas unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered by the Texas Workforce Commission ...

Texas Public Information Act

No specific Texas law allows private-sector employees access to their workplace personnel files, but the Texas Public Information Act does provide that right to public employees ...

Pennsylvania Unemployment Compensation Act

Pennsylvania’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered through the Pennsylvania Department of Labor ...

Pennsylvania Workers' Compensation Act

The Pennsylvania Workers’ Compensation Act covers all employers in the state and provides wage replacement for employees hurt on the job. The law provides payments to employees regardless of fault. That is, to earn benefits, injured employees don’t have to prove that their employers were negligent; they need only prove that the injury occurred at work. Sounds simple, right? It’s not ...

Pennsylvania Law on Inspection of Employment Records

In Pennsylvania, employers must allow employees (or their designated agents) to inspect their personnel files upon reasonable request. The law applies only to actual employees, not to ex-employees or applicants who want to look at their application files ...

USERRA: An Employer's Guide to Military Leave Law

Working with an unavailable boss

Do you have a boss that's so busy they can't find the time to meet with you? Adapt to the boss’s preferred form of communication, and be inventive in your approach.

Not being used to my full potential

Question: I am the executive assistant for the CEO/president of a small (45 employees) company. The boss frequently travels, either on business trips, family trips or hunting trips. While he's gone, he might check his e-mail once a day, but he relies heavily on me to check his e-mail, handle things that I can, return calls, answer questions, etc. Usually, once a day, he’ll call and get any pertinent info from me.

He gets about 30 e-mails a day and one or two calls. About five of his e-mails contain something that needs to be handled; most are simply “junk.”

When he’s around, I have JUST enough to keep me working very slowly. I feel as though I'm not used to my potential; I really prefer to be TOO busy! I have assumed all the responsibilities he will allow, I assist others in the company as much as I do him, and do a lot of research on potential customers, partners, vendors, etc., without being told. I have PLENTY of initiative, I go above and beyond constantly, and I do a lot of things. But when he's gone, I literally could get all my “work” done in one hour a day!

It’s very frustrating, because I don’t feel like I’m worth my paycheck, sometimes. But there’s nothing I can do to remedy it. He has specifically said I’m doing more than he would ever ask and that I’m capably handling SO much and the folks in the office all have their jobs to do and any offers of assistance I give are usually politely declined. I mean seriously: I don’t feel like he needs me to be in the office while he’s gone. We have a telephone system and VPN, and I could literally work from home and be JUST as available.

I don’t really want to push for that, because he really doesn’t like folks to telecommute. He likes them to be in the office, especially me being the “face” of him when he’s not here. Inevitably, things arise that I might need to make a decision on.

I paid for an online continuing-education course from a local college and have been doing my studies at work. Seeing as it’s an administrative course, I don’t feel bad about that. But after that, I'm still left with three to four hours a day with absolutely NOTHING work-oriented to do because I have DONE IT ALL, already!

My long story boils down to this: Should I look for another job that's more fast-paced and I feel like I’m worth my paycheck?

Should I try to talk to him about working part-time while he’s out of town?

Should I feel guilty on a day like today when our gas has been turned off due to a leak the gas company has to locate, I feel sick (several employees have the stomach virus going around), have a headache, have nothing to do, have received ONE single e-mail in two days that I could do anything with, and made a copy of a receipt for one other person? Should I be feeling guilty for checking my e-mail? What am I missing?

I’m so frustrated because I have a VERY strong work ethic and a fast-paced mentality, one can reorganize the files only so many times!

HELP! I don’t want to be watching the clock!  -- Liz

Scan documents with style & ease

Quickly scan documents with Abbyy Fine-Reader 8.0

Who can claim dependency exemption?

A person who can be claimed as a dependent on another taxpayer's return cannot claim his or her own exemption.

5 ways to zip through e-mail clutter

When it comes to e-mail habits, some of us are deleters and some are hoarders. Either way, you can learn from these efficiency tips...

Reduce the cost & grief of bad hires

New survey data from NFI Research indicate that most senior executives and managers rely on likability — that “good ol’ gut feeling” — when hiring and promoting people. Bad move. Very bad move.

I'd like to do more ...

Question: I started at my company as a receptionist and was happy for a year. Then, the VP turned the position into financial assistant. I HATE financials and am not qualified nor good at them, so I tried to come up with solutions but was told that, if I wouldn’t do financials, I could leave.

After a year-long hiatus (during which I found out the VP had been fired!), the CEO of the company asked me back to become his executive assistant. This was a huge jump for me ... and him, as well, as he has never had an assistant and I have never been one. Nor do I have a bachelor’s degree!

I know that this is a fabulous opportunity, because I know what most companies require of an executive assistant recruit and I don’t have the years of experience and degrees.

The CEO is extremely happy with my work, and I love my job! "This doesn't sound like a problem!" you’re probably thinking.

Other than being here when the CEO is here to support him with those "oh, by the way" moments, I could fit my work into 20 to 30 hours a week! I’ve tried numerous times to take more responsibilities, ask for more tasks, get him to hand stuff over. But he's so used to doing everything on his own that he's consistently doing things that I later find out about and remind him that I’m HERE FOR THAT! Yet, he continues to do them.

He’s a great boss -- the best I’ve ever had -- but I feel frustrated because I don’t know HOW to prove to him that I really AM here to do EVERYTHING for him!

Right now, creating files, printing documents, arranging his schedule and taking calls only when he's unavailable is not reaching my potential nor challenging me! I don’t know what else to DO to get him to realize that I want to free up his time by doing everything for him. I can’t even get him coffee half the time, because he jumps up to do it himself!

I want to be worth my weight and also want to prove that I'm worthy of a raise (as I am in the lowest 10 percent pay scale because of my lack of experience). But right now, I feel that my potential is being stunted because I can’t get across to him that I really want to DO IT ALL: I want to be a sort of cross between executive assistant and personal assistant, freeing up his home time as well as his professional time.

HELP!! Any suggestions, comments or recommendations are greatly appreciated! So far, all the advice from peers in this field has been to "Ask him, talk to him, tell him," which I've already done. It’s time for me to do something MYSELF, but I don’t know what!

I’ve got a stack of 30 books on various subjects (Professional Secretary, The New Executive Assistant, The Assertive Advantage, The Valuable Office Professional, etc.) and have tried to do everything under the sun that I can, and I ALWAYS end my e-mails with "Please let me know where I can assist you," as well as checking with other departments.

It’s all the same: They just don’t realize how MUCH they can delegate! Help!  -- Liz

Having a frustrating time training my replacement

Question: I was promoted recently and am responsible for training my replacement, a transfer from another department. I was the first person to fill this position, so all of the processes are ones that I created. The documents handled in this department are very sensitive and become legal documents.

This person was hired without my input and while the supervisor of the department was out of the country. We were informed rather than asked about these changes by upper management.

My replacement has very little Word or PowerPoint experience, and almost no Excel experience. The position prepares PowerPoint presentations for the corporate officers and board of directors, as well as for international branches of the company.

My frustration stems from the fact that she thinks she knows so much more than she does and doesn’t ask questions; she assumes she knows what she is doing. I have prepared instruction books and step-by-step manuals for her to walk her through the processes, but she won’t use them. I have asked her what I can do to help her; she acknowledges that she isn’t using the tools she has. I have suggested that, in her slower time, she play in her software programs and learn them. She has label-making down pat, and her files are beautiful, but she still doesn’t know how to work her scanner. (Yes, I have gone over it with her ... more than once.)

She has been working in this department now for six weeks and is still making the same mistakes she made the first week. Her supervisor is out of town frequently, and it's up to me to "teach" her. I've been keeping a log of things we go over each day and problems that arise and have gone over this with her supervisor. He is currently back in town for a while and wants to start throwing things at her to see how she deals with it. He's still asking me to help him out.

I am very busy in my new department and really don’t have time to do my job and hers. I'm getting to the point that I just want to watch her sink on her own but still feel very responsible for the documents that are being sent out. I don’t feel comfortable going to upper management, since her supervisor is taking a wait-and-see attitude, but it’s killing me to see what she's sending out.

Has anyone else dealt with a situation like this? Any advice at all would be appreciated!  -- Pam from Oregon

Trouble with Excel

Question: I use Excel to post and track updates on an action-item log that I maintain for our weekly meetings. It has seven columns and is laid out in landscape format. Lately, I've run into a problem with the text not wrapping.

It starts out OK, but if the verbiage gets too long, it stops wrapping inside the cell. It sometimes looks OK in the spreadsheet, but cuts off the text on the right-hand side of the cell.

I tried expanding the cell horizontally -- and vertically -- but nothing helps. It was suggested that I post the updated notes in the row directly below, but if I do a filter on all closed action items, the second cell directly below the original doesn't show up.

I'm considering posting my action-item log in another program, i.e. Word, but I'm wondering if I should consider another software program. Excel and Word are the only two software programs I have; anything else would need to be purchased.

I need something that will allow me to add very lengthy verbiage in one cell and still print out, so all can be seen.

Thanks.  -- Susan

Advice to reacquaint myself with Access?

Question: I have had MS Access software training in the past but until now had no need to create a database. Now, I need a quick refresher course on it.

I was sent an Access database already created with the information that I need. All I need to do is remove the information that I don’t need and put it into a format that is more conducive to my needs. And of course, I have a very short period of time to do this.

Any suggestions?  -- Lori

Adobe Acrobat help?

Question: I don't have much exposure to Adobe Acrobat, but occasionally, a form will appear (such as an application) and I would like to know:

How can I type directly onto one of these forms without having to print it and then complete it by hand?

Many thanks in advance!  -- Anonymous in Burbank, Calif.

Need your help maintaining files

Question: I am attempting to get information as to how other organizations are maintaining personnel files, medical files, workman's comp files, training files, etc.  All recommendations and current procedures your company follows would be greatly appreciated.  -- Jennifer

ADA accommodations for ADD/ADHD executive assistant?

Question: I know someone posted earlier about having a boss with ADD/ADHD. What about when the person diagnosed with ADD/ADHD (combined inattentive/hyperactive type) is the executive assistant herself?

I would be interested in knowing what employer-provided (under the ADA) accommodations have helped other admins with this disorder to do their jobs better/more effectively.

Our responsibilities as admins are often focused on being able to multi-task, keep organized, prioritize, remain on time with projects, remember names/phone numbers, and keep focused ... all of which have to happen simultaneously, sometimes. All of these are significant challenges for someone with the disorder and who has issues with short-term memory, keeping track of time, finding/organizing files and remembering information after being distracted by someone/something else, etc.  -- Anonymous

Guidelines for using instant messaging in the workplace

Used judiciously, instant messaging (IM) allows your business to cut down on long distance charges, conduct real-time interaction with clients, and host chats and conferences with vendors. But used without guidelines, it can hamper productivity, embarrass you and even jeopardize your company’s trade secrets.

Looking for the perfect Rolodex

Question: I'm trying to find an essential tool I use every day and can't find it anywhere, and am hoping my fellow admins might be able to help me.

I have accumulated well over 600 3" x 5" Rolodex cards over the years. My problem is, I have room for only 500 on my open "flip"-style Rolodex. I've had to start rubber-banding the extras together or they all fall out whenever I need a phone number or address.

I would prefer a rotary metal Rolodex (the metal ones with a knob you twist around to the card you need).

The only 1,000-card Rolodexes I can find are:

1. A rotary one with MUCH smaller cards. (I'm not going to retype all 600 cards just so they fit on the new 2 1/4" x 4" cards!)

2. A 1,000-card "open file" holder like the one I have.

Does anyone know of a rotary-style Rolodex holder that holds 1000-plus 3" x 5" Rolodex cards?

Thanks, in advance, for your help.  -- Busy Executive Assistant, Rochester, N.Y.

When life is the ultimate wild card

Experience shows that you can triumph over the biggest setbacks.

Selling a high-priced house? Preserve your tax-free home-sale gains

The home-sale gain exclusion is probably the largest single federal income tax break for individuals. If you qualify, you can pocket up to a half-million dollars of tax-free profit from the sale of your home—no strings attached.

Need better organizational system

Question: I need help organizing/cross-referencing file folders. My boss writes the name on the material and keeps it in either his office or mine. The problem occurs when he has a new or follow-up meeting that some of this information could pertain to; we can't locate everything because different names of folders may apply to similar information, etc.

This has been ongoing but now is occurring more frequently. Please help. Thanks.  -- Donna

Dealing with ADHD boss?

Question: My boss, I believe, has a problem with ADHD. Sometimes, he bounces off the walls and is very difficult to keep up with. I try to keep up with him, but lately, I am exhausted by mid-afternoon. I am at the point that I am so frustrated because I am running in circles most of the time.

My boss will tell me he needs to schedule a meeting or various meetings throughout the day. Then, two minutes after we have met regarding his files/meeting requests, etc., he asks me if I have set up the meeting regarding a topic that he never asked me to schedule. So, I continually have to check and re-check my notes for who the invitees are for meeting A or B; then, I have to ask him if his question relates to scheduling meeting A or B. His normal reply: "Oh, no. This is another meeting I am talking about."

Many times, he forgets to give me all of the details.

Are you aware of any books that would help administrative assistants who work with bosses with ADHD? I would like to know how to set up boundaries with my boss, who cannot seem to focus.

I have set up color-coded files; I print meetings from his calendar and attach to the top of a folder for each and every meeting; I arrange files on his credenza; I keep a large, orange "Please sign" file for signatures; and we meet daily to plan meetings, plan projects and to follow up regarding unfinished projects.

I need some help as to how I can become a more efficient assistant to my boss. Any suggestions?  -- Frustrated in Michigan

Use online tests to find the best customer-service workers

Customer-service workers are the face of your company, and they’re especially vital at smaller businesses. So, don’t just rely on a résumé and a good first impression to choose such employees.

Re-linking Excel spreadsheets

Question: "Help! I use Word and Excel to prepare documents for the same clients annually.  For 2006, I will use the 2005 Word file and save it (using Save As) into a new 2006 file.

"I have many Excel tables linked to my Word documents, so I usually find the first Excel table in the document, double-click on it to open the Excel document, and save the Excel document into the new 2006 file (using Save As). Then, I update that first table, which is now in the 2006 file.

"My problem is that there are many more Excel tables in my document and all the other tables are still linked to the 2005 Excel document. I usually just delete each table (linked to the 2005 file) as I come to it and re-copy & paste (with link) the same table, from the 2006 file.  I know you can break the links or change the source of the links, but I have been able to break only one table's link at a time, which takes as long as cutting, recopying & repasting.

"Is there any way of re-linking the entire Excel document to the new 2006 file? The file is exactly the same as the previous year, except that it now says '2006' instead of '2005,' so each worksheet is the same and has the same name.  Can anyone out there help?"  -- Diana

Settling PHRC cases early makes financial sense

When facing a discrimination claim filed with the Pennsylvania Human Relations Commission, it makes sense for employers to try to settle as early as possible, before the agency holds hearings and files an opinion ...

Controlling calendar query

Question: Someone on the Forum suggested using a controlling calendar. Where can I find information on/templates for this type of calendar?  Is there an electronic version? It sounds like it might be of great assistance to me.

I have To Do lists. I have my planner. I have my calendar at home and at work. How does everyone else try to keep track of their duties for work and home? I don't feel comfortable putting my personal items on my work calendar. Yet, I've read in several places that it's best to keep all the information in one area. How do you accomplish this?   

Thanks for your help.  -- An overwhelmed Jeannette

Harassment victims aren't immune from discipline; document actions

Retaliating against employees for filing harassment complaints is an obvious no-no. But that doesn't mean employees automatically earn a "Do not touch" label ...

IRS field audits

We don't want to sugarcoat things: Getting hit with an IRS "field audit" is a worst-case scenario and a cause for genuine concern. The process is expensive, time-consuming and requires a more comprehensive defense strategy than the other two types of audits we've discussed in our audit series ("correspondence audits" handled through the mail and "office audits" performed at an IRS office).

How to reconstruct your tax records ... legally

During an audit, chances are that you won't be able to produce all the receipts, bills or other pieces of written information you'll need to back up your claims, especially if the audit comes several years after the tax year in question.

Alphabetizing suggestions

Question: We are discussing how to alphabetize our file folders, and our problem is twofold:  First, some people are good about putting files away as soon as they’re done with them; others just toss them anywhere until it becomes an all-day project for someone (usually one of the two administrative assistants in the office).

Second, not everyone agrees on “rules” to follow. Should “The John Smith Company” be filed under “J” or “S”?  We’re a fairly small office (20 total) that has grown significantly over the past few years. When there were fewer people, everyone knew that if you needed to find the “XYZ Corporation’s” folder, it might be under “Bob Jones,” because he owned it!!  We’re trying to convince people that newbies can’t be expected to know that.

Any help or ideas would be appreciated.  -- MK, Massachusetts

Help: tips on constant interruptions

Question: I’d like to ask admin assistants and receptionists (front desk personnel) to share their tips on how to deal with constant interruptions.

We are a front desk staff at a nonprofit medical facility. We take care of visitors, set up appointments and answer a lot of questions from associates, as well as collect money, enter data, bill insurance and contact various departments to obtain information.

We have a small staff. The front desk person is required to be the front- and back-office staff for this facility.

The appointment book and central file area are located in the front office. Staff members come into the area to check their appointments and they walk through the area to get to the files and their mailboxes. There was another door they could go through to get to files, but, due to HIPAA regulations, it is now kept locked.  To get some confidential work done, we close our door. But people come in, anyway.

Thank you.  -- Anonymous

Beware of hidden legal risks in annual HR audits

Issue: HR audits can help you identify weak points in your employment-law compliance.
Risk: If you don't act on the audit's recommendations (and employees find out) that mistake can kill ...

Best admin tips

Question: I'd like to ask other admins to share their very best tips about how to do their jobs effectively — whether it's something about organizing their workspace, managing time, file management, working with bosses or other co-workers, etc.

Thank you!  -- Lisa, Tacoma, Wash

Proper filing

Question: I work for a real estate company that manages apartment buildings. Problem: Proper filing as it pertains to our building names. Each apartment building we manage has a name, i.e., The Residences at Morgan Falls.

When I put names in the database, should I be filing those apartments that have the word "The" in their name under "T"? Example: "The Residences ..." Is that to be filed under "T" or "R"?

When people are looking for the name in the database, some people look under "R" and assume it's not in the database, and some people look under "T" because they are including the word "The" with the name. Which is proper?

When we refer to some of these properties, we call them by name, i.e., The Residences, or The Estates, but I thought I remembered that, a long time ago, there were something called "Proper Filing Rules." That's when the word "the" was part of a name. It would be presented like so: "Residences at Morgan Falls (The)." It showed that the word "The" preceded "Residences" but it allowed the name to be filed under "R".

Help me, please. This is driving me nuts as what to do about filing our property names.

Thanks.  -- Anonymous

MACRS rules

Unless you're a CPA or a tax nerd, the term MACRS can be daunting. It stands for Modified Accelerated Cost Recovery System, which is the standard federal-income tax method for depreciating the cost of your business assets.

Make this a 'record' tax year for your contributions

We can't overemphasize the need to keep the required records for charitable donations, especially because the IRS is turning up the heat on donation deductions.

Benchmark your recruiting site: 4 questions to ask

Issue: Your Web site's "Career" page is the first (or only) experience that many potential applicants have with your organization.
Risk: Blow this opportunity, as many do, and those star ...

Offer voluntary benefits? Keep 'distance' from vendors

Issue: More employers are adding voluntary benefits to beef up their benefits lineup at little cost.
Risk: By linking such programs too closely to your organization, they could fall under ...

Firing during FMLA leave: legal, but usually unwise

Issue: If you uncover an employee's performance problems while she's on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt ...

Items to be surplused

Question: Our problem is that, when various offices have items that need to be surplused, many times, they end up in the basement entry-level alcove right in front of the elevator area. It doesn't block the walkway except on rare occasions when too many items are left there.

These items should be surplused by individual offices, but it just seems convenient to roll them to this area. I usually end up having to fill out surplus forms for each item to have them picked up. They've been told but they eventually start again. How would you handle a problem like this? Thanks.  -- Annette

Scrutinize resumes that cite 'dead' companies

What if you're seriously considering an applicant, but a good chunk of his or her past experience was at an employer that's now defunct? The dot-com bust of the late '90s ...

The dangers of playing doctor with employee ailments

Issue: Supervisors must be responsive to employees' disabilities, but they shouldn't overaccommodate them.
Risk: If supervisors voice their own assumptions about the disabilities' impact, they could spark an ADA lawsuit. ...

Archiving documents

Question: I am in charge of archiving documents within our office. I use storage boxes for the papers, but what is the best way to group them by appropriate topic (i.e. financial reports, board members’ backgrounds, etc.)?

I now have them in closed manila envelopes, some in hanging folders (which hinders closing the lids) and others in plain flat file folders.  Suggestions?  -- Terri L. Michael

Separate rules for separated spouses

Q: We're confused about your item regarding a separated spouse who files as a "head of household" and claims the standard deduction (see 4/18/05 issue). You say that if the situation was "the other way around," the person would be required to itemize. Can you elaborate? P.B.S., via e-mail

Tighten policy to foil new identity-theft risks

If your organization hasn't taken identity theft seriously, here are two good reasons to start now: Starting June 1, federal law requires you to properly dispose
of employee background-check information ...

Tighten your record-disposal policy, starting this month

Issue: Beginning June 1, a new federal law requires you to properly dispose of personally identifiable background-check data.
Risk: One mistake can result in actual damages, up to a $2,500 ...

Dependency exemptions

With precious little fanfare, the Working Families Tax Relief Act of 2004 revamped the rules for dependency exemptions. It created a uniform definition of "child" and relaxed the requirements for certain taxpayers. But the old rules still apply in some situations, resulting in even greater confusion for taxpayers. Here's a quick primer on the old rules, plus how you can take advantage of the new rules.

Tap into new recruitment resource for summer help

If you're looking to fill seasonal or permanent positions, check out a new government program that helps employers hook up with college students with disabilities.
The Labor Department's Workforce Recruitment ...

Increasing workload

Question: I’ve been trying to think of ways to increase my workload around the office.  I do the usual assignments, but many times, I find myself without enough work to fill the entire day.  Do you have any suggestions?  -- Anonymous

Saving e-mails

Question: My boss is a saver. He saves just about every e-mail, needed or not. He is a physician and vice president of a very large health care system. Thus, I understand why he feels the necessity to save everything. The problem is that he "drags and drops" into different folders set up in an archive (.pst's) e-mail tree within MS Outlook. Unfortunately, the .pst files are very vulnerable to self-corruption. (MS Outlook is a very good e-mail system but not such a good "filing cabinet.") He recently lost all of his files due to self-corruption of the .pst files. Our Information Technology department was able to get most of them back after running back-up files.

I’m looking for ideas on how others save their e-mails. My boss loves the drag-and-drop feature due to its ease of use and efficiency. He’s also open to changing his ways on how he saves these e-mails but I need to figure out a better way without using the unstable .pst files. I do know that you can do a "save-as" on e-mails and save them as Word documents, but that takes numerous steps and isn’t very efficient. I’m working with an IT tech and we’re trying to self-educate by getting ideas from others. I am at a loss for what else to do.

Thank you for your thoughts.  -- Michelle G

Charitable donations

While you can still claim top-dollar deductions for your charitable donations, the massive new tax law signed last October—the American Jobs Creation Act of 2004—imposed new limits on certain donations. Now that the dust has settled, this much is clear: It's more important than ever to keep proper donation records. If you don't, you could lose all or part of your deductions.

Publishing an internal newsletter

Question: I have taken on the task of creating an internal newsletter.  We have 14 employees (4 professional engineers, 7 consultants and 3 admin staff) located in 7 different states.  Our internal communication is very weak due to workload and the geographical distance.   Our company consisted of 5 employees in the same office until 2 years ago.  I feel that an e-mailed newsletter would be a good way to communicate with everyone.

I created the first newsletter in Dec 2004. The content varied, with Christmas funnies, a calendar of coming events, family information, a note from the president and a few other things along this line.  There wasn't much response.  However, the response I did receive was negative: "The newsletter was not informative."  I spent approximately 3 weeks (on/off) developing the newsletter in Microsoft Publisher.  I'm not giving up yet but would appreciate any advise from someone who performs this task.  -- Tressie Escamilla, Richardson, Tex.

Starting a new position

Question: What are the first things you do when starting a new position? -- Anonymous

Keep applications clean; jotting notes may trigger hiring-bias claims

Don't track applicants' race, sex, religion, age or national origin information on their applications or any other pre-offer documents unless you're required to do so under certain affirmative-action laws. And if ...

Workplace confidentiality: Persuade staff to 'think' privacy

Think about the amount of information and records that you maintain about employees. Now, think about the valuable information you possess about your clients and customers. Do you treat those two ...

Follow these General (Rowe) rules

Brig. Gen. Richard Rowe, director of operations for the U.S. Northern Command, built his leadership on three principles:

Stop regular e-mail purges if a legal complaint flares up

Issue: Your policy of periodically deleting business e-mail.
Risk: Courts could penalize your organization if it deletes e-mail messages that relate to a potential lawsuit.
Action: Alert IT to ...

Employee fraud: Know whom (and what) to look out for

Make legally smart job offers; avoid 'implied' contracts

Issue: Legal problems that stem from inadvertent comments at the job-offer stage.
Risk: Imprecise wording of an offer could lock you into an 'implied contract' with the employee.
Action: ...

Temps can no longer bargain alongside regular employees

Good news for employers: A new National Labor Relations Board (NLRB) ruling makes it much more difficult for temporary employees to join the same union as the organization's permanent employees.
...

Temp employees lose many unionizing rights

If you hire lots of temporary employees and fear that they'll join with the regular staff to organize a union, we have good news: A new National Labor Relations Board (NLRB) ...

Make the most of the holiday slump

If it's unusually quiet in your office while you're reading this, it's probably the week between Christmas and New Year's, when most businesses slow down.

Take direct aim at technical problems

Even if IT support doesn't appear anywhere in your job description, office mates may tap you to troubleshoot their computer problems.

Small offices can go paperless.

Keep track of your departed all-stars

If a talented employee resigns from your organization (say, for example, a new mom decides to stay at home), don't erase that person from your memory. Build a database of competent ...

Halt regular e-mail purges when facing a potential lawsuit

Smart organizations educate their employees about acceptable e-mail use and follow a policy of regular computer-file purging to keep the company network free of unnecessary data
storage.
But what ...

Prepare for HIPAA's final phase: the security rule

It's back ... Just when you thought you'd heard the last word about complying with the Health Insurance Portability and Accountability Act (HIPAA), the final compliance phase is just around the ...

Are you doing enough to stop employee identity theft?

Your employee records are a gold mine for identity thieves. How should you secure them? A new Society for Human Resource Management survey says 95 percent ...

Résumés that scream 'I'm healthy' can sicken hiring process

Applicants will slap anything on their résumés if they think it will attract the recruiter's eye. So, recognizing the soaring cost of health insurance, more applicants are adding a Health Profile ...

Draw staff to your intranet (not your door) for HR basics

Issue: Your intranet is packed with valuable HR information, but few employees are using it. Benefit: If employees see the intranet, not your office, as the first stop for HR ...

Hiring drivers? Collect more background information

Organizations that hire commercial drivers must now collect, and provide to other employers, more details from their driver applicants.
Reason: The U.S. Transportation Department's Federal Motor Carrier Safety Administration (FMCSA) ...

Crank up volume on 'no music piracy' message to staff

Issue: The recording industry is increasing the legal heat on illegal downloads, and the businesses that allow it to occur at work. Risks: Musicians can sue for up to $150,000 ...

Tax planning

If you want to pay the absolute minimum to Uncle Sam, tax planning must be a year-round pursuit. With summer right around the corner, you can cash in on several key tax breaks by springing into action now. If you procrastinate until the end of the year, you'll miss out on valuable deductions and credits for yourself, your business and your family. This special report explains a dozen timely moves you should take before the leaves begin to fall.

John Q. Adams’ tough choice

In 1807, a young Sen. John Quincy Adams from Massachusetts supported President Jefferson in voting for a national trade embargo against England, a position that hit Adams’ native region—New England—right in the pocketbook.

Turn up volume on 'no music piracy at work' message

It's a fact that many employers are just now coming to realize: Hip-hopping employees downloading tunes from the Internet can expose your organization to legal problems, not to mention sapping your ...

Bankruptcy won't shield you from COBRA claim.

Don't think you can escape your COBRA health-insurance continuation responsibilities simply because your organization files for Chapter 11. Recent case: A company filed for bankruptcy one month after it laid off ...

Go from 'organized' to 'efficient'

A tidy workplace should enable you to work faster, but some hide a secret: You may be wasting time, effort and resources on unproductive tasks. Don't let your drive for neatness and perfection derail your work. Check whether your office is simply organized or efficient, as well, with this list:

Don't trash your financial future

After sending off your return, you'll probably trash old documents and files. Beware: Scam artists can steal your identity by rummaging through your garbage bags.

How to document discipline: 8 do's and don'ts

"That's the last straw. You're fired."

You may have said those words yourself, but unless you've correctly documented the fired employee's "earlier straws," you may be opening up yourself for a lawsuit.

Use performance files to make annual reviews more effective, relaxed

Maintaining a performance file or log may sound time-consuming, but the time is well worth it at the end of an employee's review period. Rather than relying on memory, you can refer to a long list of concrete examples. Evaluating performance becomes as easy as adding up the numbers.

Shelter yourself from gathering storm of ERISA claims

Issue: Spurred by corporate retirement-fund scandals, the federal government is stepping up its monitoring of benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA). Risk: In 2003, ...

7 tips for documenting employee discipline

Keep injury/illness summary posted until April 30

Reminder: Keep your summary of job-related injuries and illnesses that occurred in your workplace last year posted until April 30. (Prior to 2003, you had to post that data only through ...

Liability

Issue: Retaliation complaints by employees doubled in the past decade.
Risk: Even if you escape liability on an initial employment lawsuit, you could be smacked with a secondary retaliation charge. ...

Beware bias against men who take FMLA leave

Would you think less highly of male applicants because they took leave under the Family and Medical Leave Act (FMLA)? Your first answer may be "No," but a new study suggests ...

Keep health data private: 'HIPAA time' nears for small firms

Issue: The federal Health Insurance Portability and Accountability Act (HIPAA) places new privacy requirements on employers. Risk: Smaller businesses must start complying in April. Fines range from $100 per violation ...

HIPAA deadline nears; keep staff medical data private

Last year, the federal Health Insurance Portability and Accountability Act (HIPAA) required companies that sponsor large health care plans (more than $5 million in premiums or claims) to start complying with new privacy rules.

This year, it's your turn. Starting April 14, smaller businesses that fall below the $5 million threshold must comply.

Who belongs in your Loop?

Change never sleeps around here. Every day brings new initiatives, new market developments, new personnel. Sometimes, I wish I could download every last bit of the latest news and e-mail everyone, so that no one feels left out.
 

ERISA: Monitor compliance to avoid legal challenges

THE LAW. The Employee Retirement Income Security Act of 1974 (ERISA) governs the administration of private employers' employee benefit plans and the rights of plan beneficiaries. Congress passed the law in ...

Start using new OSHA injury log this month

Employers that are required to complete an OSHA Form 300 (Log of Work-Related Injuries and Illnesses) must start using a newly revised form Jan. 1.
The form includes several changes, ...

Insurance: Steer clear of negligence claims

Make sure you keep your insurance payments up to date. If you let your policy lapse and an employee files a claim, you open up yourself ...

Net operating loss

Gain fast tax relief from a NOL.

 

Pay no tax instead of low tax.

Don't fudge or exaggerate details of insurance coverage

Never exaggerate the quality or quantity of employee benefits, either in written communication or when trying to sell an applicant on your organization. Courts will make you stick to any promises, ...

Immigration law: How to walk the line with the I-9

THE LAW. The Immigration Reform and Control Act (IRCA) of 1986 makes it your responsibility to hire only people who can legally work in the United States. That includes U.S. ...

Organize your personnel files to minimize legal risks

Issue: Maintaining personnel files is a chore, but it's the most important element in defending lawsuits and regulatory claims.
Risk: Failing to organize your files correctly exposes you to civil ...

Personnel files: Organize your paper trail to minimize risk

THE LAW. Maintaining personnel files can be a chore, but it's the most important element in defending against claims from employees, ex-employees and regulators ...

Hiring commercial drivers? Probe deeper into applicant work history

If you hire commercial drivers, prepare to start collecting more pre-hire information from applicants. The Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) wants employers to ...

How to close the door on invasion-of-privacy lawsuits

Most companies don't spend a lot of time worrying about their employees' privacy rights. But they should. Consider this: Privacy lawsuits jumped 300 percent ...

Don't sabotage former employees' chances for future employment

The legal risks of providing references on ex-employees has caused some companies to put up a "No references" sign. That's not a smart move. Eventually, refusing ...

Less chance of receiving 'no match' letter from SSA in 2003

Issue: Letters from the Social Security Administration (SSA) flushed out thousands of illegal aliens working in U.S. companies, creating chaos for HR departments ...

Downloading music files

Q. One of our employees downloads music from the Internet and uses it in PowerPoint presentations.

EEOC launches 'referral back' mediation program

The Equal Employment Opportunity Commission (EEOC) is starting a new voluntary mediation pilot program in which private-sector discrimination charges filed ...

Expect new OSHA heat if your injury rate is higher than average

The Occupational Safety and Health Administration (OSHA) has launched an "enhanced enforcement policy" that targets 10,000 employers with tough workplace ...

Keep OSHA injury/illness logs posted longer this year

If your company is required to post Occupational Safety and Health Administration's (OSHA's) 300 Logs for workplace injuries and illnesses, keep them posted until April 30 ...

Guard HR records, the No. 1 source of identity theft

In the past, thieves stole a person's identity mostly by snatching a wallet, intercepting mail or digging through garbage to find identifying data. Not anymore. Now, ...

Bankrupt worker protected from bias, but only if he formally filed

The U.S. Bankruptcy Code says it's illegal for private companies to fire employees, or refuse to hire applicants, solely because they've filed for bankruptcy. But what ...

COBRA: Foolproof administration is key to compliance

THE LAW. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 requires companies with group health plans to continue offering health insurance benefits to employees and their dependents for a ...

Stop relying on Social Security number as employee ID

Identity theft is among the nation's fastest-growing crimes, and your personnel files and other HR data can be gold mines for would-be thieves. Getting a Social Security number (SSN), in particular, ...

Don't stack the deck in arbitration

Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and ...

SSA sending more 'no match' letters; know how to respond

In light of Sept. 11, the Social Security Administration (SSA) has increased its efforts to find workers whose names don't match their Social Security numbers. And their effort could require action ...

Driving while dialing: Set policy to limit car-phone liability

Many companies have policies regarding telephone calls at work. But these policies often fall short of including the use of phones and other wireless devices for business while driving. Don't let ...

Tortoise to hare: EEOC speeds resolution of bias cases

If an employee files a discrimination charge against you with the Equal Employment Opportunity Commission (EEOC), don't expect the case to hang in limbo. Reason: The EEOC is processing new discrimination ...

Sidestep liability when releasing information on ex-employees

Wal-Mart fired truck driver Joseph Tracz after he tested positive for drugs. When he applied for another job, Tracz signed an authorization form allowing Wal-Mart to release his past drug tests. ...

Build a firewall against Internet, e-mail liabilities

Whether you have a work force of three or 3,000, any time you let a worker use your e-mail or Internet service, you're putting your company at risk for lawsuits and ...

The countersuit: How to fire back at frivolous lawsuits

When a disgruntled employee files a meritless lawsuit against your company, don't just defend yourself. Call his bluff by filing a ...

Prepare for new injury, illness recordkeeping rules in 2002

Get familiar now with new rules for tracking workplace injuries and illnesses that take effect Jan. 1, 2002. The new Occupational Safety and Health Administration (OSHA) regulations add and subtract ...

Combat computer sabotage by terminated workers

Have remaining employees change their passwords.

Use interview to poke holes in applicant's rÃ?sumÃ? claims

Before hiring a promising job candidate, make sure he is as good in real life as on paper. An interview is the key time to verify claims on rÃ?sumÃ?s. Any ...

Don't let blabbing employees hide their identity on the Internet

Imagine that an employee posts confidential information about your company on an Internet message board. What do you do? One company sued the message-board site to learn the identity of the ...

Computer technophobia

Calling all Luddites! Do you dread getting stuck in the elevator with techies who compare the latest PDAs or the best customer data systems?

Driving isn't a major life activity

After Charlotte Chenoweth was diagnosed with epilepsy, her doctor ordered her not to drive until it was under control. Because her nursing job involved driving to different sites to review files, ...

Employee documents: When to store, when to shred

There's no sense in becoming a pack rat if you don't need to. While the legal requirements to retain records are complex, you're probably safe in dumping those 1984 vacation-day requests. ...

Protect your computer files

You take computer security for granted. And that’s what attracts nosy thieves to snoop around in your PC files.

Increase accountability by staging a ‘crystal ball contest’

January is a good month to invite your employees to predict results over the coming year.

Stop Web abuse

You don’t want your employees downloading porn, scanning job boards or playing solitaire on company-owned PCs while at work. So you write a policy requiring that workers access the Internet for business purposes only. You’re in the clear, right? Think again.

Employees online? Take a byte out of your liability

No employer wants to explain to a court why jokes like "Why beer is better than women" are bouncing around the company e-mail system. But that's the position more companies are ...

Control stress by tapping the left side of the brain

If negative emotions block you from behaving calmly or thinking rationally, shift to a more healthy mental state.

Background checks: Close holes in your employee screens

The frantic competition for workers has caused many companies to become lax about screening job candidates. That's not smart. Liars, thieves and violent criminals ...

Consider legal impact before deleting files, e-mail messages

As Microsoft learned in its recent federal suit, e-mail messages are official company records that can be summoned in a lawsuit. Unfortunately, most companies ...

Employee leave: Step carefully through maze of FMLA, ADA

When a worker requests a leave of absence for a medical condition, it can be downright puzzling to balance the different requirements ...

Protect your intellectual property

With the growing use of temps, part-timers, contractors and on-site consultants, your workplace may start to look like a public library.

Boost your immigration IQ

There are six million illegal immigrants in the United States and tough federal sanctions against businesses that hire them. But your business can benefit from federal immigration law by taking advantage ...

Firing can't masquerade as a one-person rif

Elizabeth Bellaver, a manager at a manufacturing plant, consistently earned excellent job evaluations. But her supervisor noted problems with her ...

Protect your company’s trade secrets

You may manage people well but how about information? American companies lose about $25 billion annually to corporate espionage. Here’s how to tighten the lid on proprietary information.

Protect job applicants' answer sheets from written tests

Applicants had to pass three tests to be considered for a quality helper position at a Minnesota Mining and Manufacturing Co. (3M) plant. Mary Austin failed all three.
She claims ...

Protect your business from 'identity theft'

Identity theft is one of the nation's fastest-growing crimes, and it can hit businesses as well as individuals.
A thief uses your credit card, Social Security number or business identification ...

Turn blunders to your advantage

You’re a hotshot. You get things done and rarely make mistakes. But even though you don’t screw up often, you’re human.

Teach employees to fight computer viruses

With upwards of 40,000 computer viruses lurking out there, you need to coach your team to play strong defense.

How to snoop on workers' e-mail use

Don’t feel you must be sneaky when checking e-mail or computer files.

Save hand-held data

If you use a personal digital assistant, such as a PalmPilot Professional or IBM WorkPad, you may not pay much attention to backing up your files. That’s a big risk.

Painless file backup

Save yourself and your employees headaches: Install a reliable software program that backs up your daily computer files.

Virus watch

Never download software programs from unfamiliar Web sites.

'Talk' your PC into keeping quiet

Saflink Corp. in Tampa, Fla., now has voice-activated software called SaftyLatch that keeps your files scrambled until the computer hears your voice.

Train the right users

The people who work on computers the most are usually secretaries and other support staff. Yet these “end users” are typically the least trained.

Organize your computer files

If you experience a jolt of stress whenever you log onto your PC and gaze at all those icons on your screen, then simplify your life. Try the Brain 1.5, a software program by Natrificial Software Technologies (http://www.thebrain.com).

Sweep away Web clutter

Even if your computer has a roomy hard disk, Web files can take up lots of space.

Judge your employees by outcomes, not hours

A manager tells us that he only hires job applicants after calling them at 4:30 p.m. on Fridays at their current employer. He concludes that if they’re still at their desk at that late hour, then they’re truly committed. But not so fast.

Put your desk to good use

Never use the surface area of your desk for storage.

Bookshelf: Conquer cross-cultural gaps

Some rules of public speaking transcend cultural differences. But for Elizabeth Urech, author of Speaking Globally (Kogan Page, 1998), reaching diverse audiences requires a range of rhetorical tools.

Dig for facts by paraphrasing

Quiet employees are often excellent workers, but you may want to break through their silence and encourage them to share ideas and update you more regularly on their progress. If you find it hard to get them to open up to you, don’t keep trying to launch conversations.

Privacy at work

More than 35 percent of American companies admit that they record employee phone calls or voice mail, check employee computer files and e-mail, or videotape employees at work, according to a survey by the American Management Association.

Access an employee’s medical records

When an employee files an EEOC claim alleging mental distress, you now have grounds to review the individual’s medical records to examine her emotional history.

Doing business on the Internet

With the growth of the Internet, you may wonder what role the Web should play in your company’s business.

A painful lesson regarding e-mail

I am a technical assistant. My supervisor misunderstood the tone of an e-mail I sent her, where I was questioning a decision she made. She became very angry.

Sit still

When you enter a staff meeting, take your seat without fanfare.

Are we alone?

In a survey of 906 large firms by the American Management Association, 35 percent said they monitor their workers by recording their phone calls and voice mail, inspecting their computer files or even videotaping them on the job.

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