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Compliance

Four records management errors that can get your firm into trouble

April 9, 2015

Managing the firm's business and personnel records goes beyond setting a simple timeline for record retention. Time is only part of the picture, says records management professional Diane K. Carlisle, CRM. Where most offices fail is not in missing the timelines but in mismanaging the records. Here she sets out elements of record management that administrators need to be aware … [Read more...] about Four records management errors that can get your firm into trouble

Here’s what to do when you suspect a staffer of drug or alcohol abuse

March 13, 2015

When the firm suspects a staffer of alcohol or drug abuse, an overriding concern is how to address the issue with that employee, says Jeffrey M. Schlossberg, a partner and chair of the employment law group at Ruskin Moscou Faltischek in Uniondale, NY. The wrong words can open the door to a discrimination claim. Don't mention the obvious Whenever there's suspicion of an … [Read more...] about Here’s what to do when you suspect a staffer of drug or alcohol abuse

Three errors that can cause wrongful termination problems

March 6, 2015

Though every employer knows – or should know – the rules for safe firing, mistakes still happen when it comes to showing an employee the door, says Peter Golden, a business and employment law attorney with The Golden Law Firm in Atlanta. In his own practice, he finds that employers most often fall down on three points: missed documentation, unfair employee comparisons, and … [Read more...] about Three errors that can cause wrongful termination problems

Fines, lawsuits and personnel crises, oh my!

February 20, 2015

By Steve M. Cohen  bio Sometimes people don't understand my concern for "mess management." They may see my warnings about personnel issues, potential lawsuits and government regulation as exaggeration. 6 heavy fines Let's take just a single area as an example. In one recent week, the U.S. Department of Labor laid heavy fines on a wide range of companies across the … [Read more...] about Fines, lawsuits and personnel crises, oh my!

State and federal monitoring can make a manager’s life complicated

February 6, 2015

By Steve M. Cohen  bio Managers can be excused for pulling out their hair over government regulations, but some are more likely to impact your office than others. Every state has a human rights commission that is tasked with investigating charges made by employees against their employers in issues of fairness. The federal government has its own human rights … [Read more...] about State and federal monitoring can make a manager’s life complicated

What to do when a lawyer harasses staffers but no one complains

February 6, 2015

Question: One of our attorneys continuously makes inappropriate remarks to the staff. He thinks the remarks are funny. The staff don't complain, but what's said is obviously inappropriate. Everyone likes the lawyer, and the other lawyers want to keep him on staff. They have counselled with him, but he continues. What should we do? Answer: No office can afford to turn a blind … [Read more...] about What to do when a lawyer harasses staffers but no one complains

One employee complaint can change your reality

January 23, 2015

By Steve M. Cohen  bio Sometimes it's difficult to communicate to employers just how much federal and state law impact businesses and organizations when an employee makes a complaint. By this, I mean virtually any allegation, whether it's an accusation of sexual harassment, bullying or an alleged workplace safety hazard. It doesn't matter if you doubt the complaint or have … [Read more...] about One employee complaint can change your reality

Whistleblowers get more protection than you think

January 2, 2015

By Steve M. Cohen  bio Employees who successfully don the cloak of a whistleblower have a surprising amount of protection. Several categories of whistleblower protection exist, depending on the industry and alleged topic of the whistleblower's alarm. But in many, even most cases, whistleblower laws make allegations of organizational wrongdoing a protected … [Read more...] about Whistleblowers get more protection than you think

Protect yourself and your firm with a strong anti-retaliation policy

January 2, 2015

Most managers are skilled at preventing discrimination claims. But few pay close enough attention to the financial damage that retaliation, resulting from a discrimination claim, can have on a practice. The reality is that retaliation claims have a higher rate of success than discrimination claims. Retaliation claims not limited to victims Retaliation is any adverse action … [Read more...] about Protect yourself and your firm with a strong anti-retaliation policy

What every employee handbook absolutely, positively, must cover

December 5, 2014

No matter how small your firm may be, it needs an office manual. A manual is the authoritative source that explains what's expected of everybody. It's the firm's philosophy, and it's the rules and guidelines people have to follow. It is protection against employment law claims. And legalities aside, it prevents misunderstandings and hard feelings. Don't assume people … [Read more...] about What every employee handbook absolutely, positively, must cover

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