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SOCIAL MEDIA

‘It was just a joke’: Jokes and social media posts gone wrong

By Lynne Curry Question: During the Christmas holidays, I attended a social event where my wife and I told a series of jokes to and about each other. Several others at our table were equally rowdy, and everyone enjoyed our jokes. While I knew individuals at other tables were watching the fun we were having, I didn’t realize one of them was recording us. The recording made it back to my employer. Even though I attended the event on my own time and the person who recorded my jokes wasn’t employed by our company, my employer fired me, despite my four-year track as a manager. I’ve searched for an attorney but not found one interested in my case. I’ve also looked for work, and found a potential new job. I’ve… . . . read more

TOOL

Love contracts: Help for hot messes

They arrive at work separately. They never touch each other in your presence. Then, as you chair a meeting, you see his gray eyes seek hers out across the conference table. She returns his gaze; her eyes linger. Suddenly you know. The senior manager, despite all the sexual harassment seminars he’s attended, appears romantically intertwined with an accounting clerk. If you’re in charge, how do you handle this hot mess?  The reality Some managers and supervisors would never have an affair with an employee they oversee or an employee in their company. Others consider the workplace a dating pond in which they fish. Still others fall into a relationship that makes them disregard risks. According to a recent survey by the Society for Human Resource Management, one in three U.S…. . . . read more

RISK MANAGEMENT

How to handle the office romance 2023 version

By Lynne Curry Three potential hot messes. In company Z, a senior manager considered his workplace a dating pool in which he fished. When he put the moves on a new female employee, the workplace grapevine ignited. In company Y, the head of marketing had serial crushes on one after another of the male management trainees. Because she was attractive and personable, several of them developed crushes in return. One put the moves on her when they worked all weekend on a project. In company X, the Chief Operating Office and Chief Financial Officer had a not-so-secret affair. Although he hated to, the Chief Executive Officer called them into his office and said, “One of you needs to resign. Unless this happens, we’ll have no defense if we fire someone… . . . read more

HARASSMENT

Stop a bully senior manager without losing your job

By Lynne Curry Question: I face a situation that has no easy answer and no good solution. As the newly hired human resources director, I supposedly enforce our organization’s code of conduct and oversee the human resource issues. I report to the report to the chief operating officer, a bully who runs roughshod over any employee unlucky enough to cross his path. If I keep my mouth shut, I turn a blind eye to what he’s doing, but he’s my boss and according to the five senior partners above him a “leader who gets results.” I read your book on bullies and you seemed to think bullies can change their ways. Can they, even when they’re on top of the organization pyramid? Answer: Bullies can change—though often they won’t. Bullies… . . . read more

OBSCENE & UNWELCOME

Watch for harassment by emoji in your office

By Lynne Curry “How much trouble are we in?” the office administrator asked. I looked at the sheaf of text and Slack messages, loaded with emojis, and stopped on one sent in early March that asked, “Good to know you’re almost done with the project and headed for the weekend. Do you garden?” flanked by an eggplant emoji. Other texts included peaches, dump trucks, sweat droplets, and smiley faces with tongues sticking out. “How did you get these?” I asked. “An employee resigned, refused to come in for an exit interview, and sent these in the mail.” “Did you notice the recipient of the gardening question responded, ‘stop, just stop!” “No, these were just informal texts going back and forth between coworkers and employees and their supervisor. I don’t use… . . . read more

HARASSMENT

Russian-American workplace discrimination: It’s a thing now

By Lynne Curry Question: Like many other employees that need highly skilled employees and want to diversify their labor pool, ours has hired several Russian emigrants. Other than coworkers complaining that these employees’ accents make understanding them difficult, we had no problems—until Russia invaded Ukraine. At first, nothing occurred that created worry. Many of our employees knew little about Ukraine and so peppered the emigrants with questions. But as the horror of what was happening in Ukraine continued, our employees grew angrier. Several employees asked their Russian-born coworkers how they could possibly “defend” what was going on. Things got worse when one of the emigrants defended Putin, calling him a strong leader. How much trouble do we get into if we fire this one employee? While she’s technically skilled, she’s… . . . read more

EMPLOYMENT LAW UPDATE

Harassment continues in era of remote work

By Mike O’Brien  In the early days of the pandemic, there was speculation that workplace harassment would decrease when so many workers shifted to remote work. Some recent surveys indicate that hasn’t been the case, and that incidents of harassment have been increasing. Possible reasons for this spike include the stress of the pandemic, the fact that remote workers may lack the kind of personal connections with colleagues that might otherwise hinder poor behavior and a more casual approach to conversations due to working in a more relaxed environment. Zoom meetings have also provided a whole new forum for trouble, with employees behaving badly (sometimes while thinking they are off-camera). The quick and unexpected shift to remote workforces may also have left many employers unprepared for the challenge. To combat… . . . read more

TOOL

Model Code of Conduct for Virtual Meetings

Far from eliminating workplace harassment, telecommuting has only caused it to morph into digital forms. As a result, law offices and other employers need to tweak their harassment policies to deal with the new face of harassment. The virtual meeting, in particular, has become the digital age version of the holiday office party where employees feel emboldened to do and say things they wouldn’t dream of doing and saying to co-workers in-person. How do you crack down on this behavior? The starting point is to implement a Code of Conduct Virtual Meetings. Here’s a template you can adapt.

COMPLIANCE

How to give your analog workplace harassment policy a digital makeover

One of the only nice things about the pandemic is the relief it’s provided from workplace harassment. After all, employees are far less vulnerable to workplace harassment when they work from home. Right? Absolutely wrong!!! Since the pandemic began: More than 4 in 10 U.S. workers (41 percent) reported that they’ve been subjected to some form of digital harassment (Pew Research); Nearly half (45 percent) of women experiencing sexual harassment say it happened remotely (Rights of Women, UK and Wales (“ROW”)); 23 percent of women reporting that they’ve been harassed say the problem has actually gotten worse since they began working from home (ROW); and More than 7 in 10 (73 percent) of victims say they don’t think their employer is doing enough to protect them from remote harassment (ROW)…. . . . read more

HARASSMENT

How managers can help victims of revenge porn

By Lynne Curry When “Paula” broke up with “Rob,” he vowed she’d regret ending their relationship. She thought Rob meant she’d miss him. She didn’t realize he planned to destroy her reputation, nor that the drama would cost her a job and perhaps her career. Three days later Paula sat in shocked silence looking at nude photos where she lay asleep half on, half off a blanket laid on the grass. Her manager told her, “I’m sorry. These have spread like wildfire through the office. I don’t know that we can keep you. I can’t imagine you’ll want to stay.” Two months earlier, Rob had talked her into sex in his backyard, pointing out the tall fence shielded them from his neighbor’s windows. She had been uneasy but had gone… . . . read more


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