Mitigating Liability


»Posted on Nov 27, 2017 in Civility, Mitigating Liability | 0 comments

More than a million people have shared their Twitter posts since Alyssa Milano encouraged survivors of sexual harassment and assault to publicly post their #MeToo status this past October. The last time sexual harassment came to the forefront was when Anita Hill spoke out about Clarence Thomas in 1991 at his televised Senate confirmation hearing.  Even though Thomas joined the Supreme Court; Hill’s testimony is credited for a dramatic increase in sexual harassment complaints with the EEOC. Companies should anticipate history to repeat. When a disaster hits the news, especially local news, employees should be reminded of the company’s position and plan. It makes employees feel safe and assured that the company is looking out for their ...

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Social Media Vigilantes

»Posted on Aug 28, 2017 in Compliance, Mitigating Liability | 0 comments

A Twitter account @YesYoureRacist started after the march in Charlottesville to solicit the identities of those who were photographed marching in the Unite the Right rally. The social media campaign used those identities to encourage employers of the protesters to terminate the protesters’ employment.  It wasn’t just Cole White who was identified and lost his job due to this social media campaign. His well-documented story presents an example for employers. The Top Dog restaurant in California denied firing White. Their statement to the Washington Post said Cole voluntarily resigned and we accepted his resignation. It went on to say, “We do respect our employees’ rights to their opinions. They are free to make their own choices...

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521% Return On Investment

»Posted on Jul 24, 2017 in Compliance, Mitigating Liability, Performance | 0 comments

U.S. employers spend between $70 and $164 billion annually on training and development according to a number of surveys. The most influential factor in a company’s training budget is the company’s size.  Those with 10,000 or more employees average $13 million for training. Training Magazine, the Association for Talent Development and many others have conducted studies to evaluate the return on investment (ROI) of training. As a result, we learned instructor-led classroom training is the most used and is the second most effective method despite all the advancements in training technology and the use of social media. Coaching and mentoring are the most effective methods of training. Two lessons learned; it takes people to effectively train...

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Don’t Punish The Messenger

»Posted on Apr 24, 2017 in Compliance, Mitigating Liability, Safety | 0 comments

Last May, the Occupational Safety and Health Administration (OSHA) published a final rule that improves tracking of workplace injuries. The first deadline to electronically submit your 2016 Form 300A is July 1, 2017. The rule does not change any forms that must be submitted manually. Employers with locations of 250 or more employees and those with at least 20 employees in high risk industries must comply. The term “high risk” is broad. Examples of high risk industries include grocery stores, direct selling establishments, museums as well as medical hospitals and manufacturing. OSHA provides a list of high risk industries by NAICS (North American Industry Classification System) code. This new rule impacts employers whether your company is a high risk industry...

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More than Good Faith

»Posted on Mar 27, 2017 in Mitigating Liability | 0 comments

Until recently, misconduct investigations used the good faith standard. Before the Vasquez case, employers were required to act in good faith before taking adverse action against an employee. The Andrea Vasquez v. Empress Ambulance Services, Inc. case raised the standard for employment investigations. This 2nd U.S. Circuit Court ruling expands the Supreme Court decision in the Vincent E. Staub v. Proctor Hospital. The Staub case revitalized the “Cat’s Paw” fable. In Aesop’s fable, a clever monkey, not acting in good faith convinced the cat to pull roasting chestnuts from the fire. The monkey ate all the chestnuts while the cat had nothing but burnt paws. In the Staub case, Staub’s supervisor Janice Mulally was the monkey. Staub had a history of...

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