Category Archives: discipline and discharge

Non Union Employers Continue to Get Busted by the NLRB for Seemingly Reasonable Policies

Posted on April 29, 2016 by mavity2012

  Thanks to my partner and friend Steve Bernstein for much of the content for this post. The bulk of the NLRB Unfair Labor Practice Charges I’m seeing against Employee Handbooks and employer rules are against non-union employers.  The Board … Continue reading →

Posted in concerted protected activity, discipline and discharge, harassment, hospitality, NLRB, social media, union organizing, unions | Tagged , , | Leave a comment

Talk versus Email: When Electronic Communications Gets You Sued

Posted on August 30, 2014 by mavity2012

  Electronic communications are a mixed blessing. Business is more efficient and new ways of commerce continue to open. However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions. From a legal standpoint, electronic communications, and especially … Continue reading →

Posted in ADA, attitude/culture, discipline and discharge, discrimination, employer policies, generational differences, internal investigations, performance improvement, social media, training, whistleblower/retaliation | Leave a comment

Why Am I Still Getting Sued By Employees?

Posted on August 29, 2014 by mavity2012

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading →

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

Two New Webinars: Bullying, the NLRB and Its War On Employer Rules and “Live From the AGC National Safety Committee Meeting.”

Posted on June 25, 2014 by mavity2012

Dealing With Workplace Bullying And Misconduct While The NLRB Challenges Your Rules Join us for a Webinar on July 24 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/137864872 A quarter of American Workers claim to have been seriously … Continue reading →

Posted in attitude/culture, construction, discipline and discharge, discrimination, employer policies, harassment, internal investigations, management and leadership, NLRB, OSHA, safety programs, workplace violence | Tagged , , , , | Leave a comment

What To Do When the Supervisor Breaks the Rules

Posted on April 7, 2014 by mavity2012

My Supervisor Violated the OSHA Standard. What Do I Do Now? From SHRM Atlanta Supervisors are supposed to set the tone, provide on-the-job training and consistently enforce safety processes.  What happens when the supervisor is the one who breaks the … Continue reading →

Posted in discipline and discharge, OSHA | Tagged , , | Leave a comment

Will GM’s Car Recalls Encourage Whistleblower Claims?

Posted on April 3, 2014 by mavity2012

During this week’s discussion about GM’s auto recalls, OSHA also released a Fact Sheet and guidance on “Filing Whistleblower Complaints Under The Moving Ahead For Progress In The 21st Century Act (MAP21).”  I’m willing to bet that most of you … Continue reading →

Posted in discipline and discharge, discrimination, manufacturing, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

One Stroke of a Key and Your Reputation Is Destroyed.

Posted on February 27, 2014 by mavity2012

Many of you know that I spend a lot of time trying to teach people, especially executives, to be cautious about what they say in e-mails, blogs, Facebook and now LinkedIn.  My favorite comment is that “one should draft e-mails … Continue reading →

Posted in attitude/culture, cultural changes, discipline and discharge, social media, workplace violence | Tagged , , , | Leave a comment

Straight Talk On Employee Handbooks.

Posted on February 27, 2014 by mavity2012

A useful piece by my friend and partner, Jennifer Sandberg.  While she wrote this piece for credit unions, the recommendations apply to any industry setting. This article was also featured at http://www.cumanagement.org.  Jennifer is one of our attorneys who most … Continue reading →

Posted in discipline and discharge, employer policies | Tagged , , | Leave a comment

The EEOC and OSHA Are Expanding Their Focus To the Whole Company … All of It.

Posted on February 7, 2014 by mavity2012

An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers.  As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to a burdensome … Continue reading →

Posted in class actions/systemic investigation, discipline and discharge, discrimination, EEOC, employer policies, government inspections, OSHA | Leave a comment

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Posted on January 27, 2014 by mavity2012

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading →

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment