Dustin Wins 2009 DAYL Outstanding Committee Chair Award

The Firm wants to congratulate Dustin Paschal on his recent accomplishment of being named the 2009 DAYL Outstanding Committee Chair. Immediate-Past President, Dena DeNooyer-Stroh (pictured to the right) selected Dustin for the Award in recognition for his significant contribution to several DAYL Committees, including, Team Leadership, Historical, and Social.

What is Your Expectation of Privacy in the Workplace?

Recently the U.S. Supreme Court was asked to determine if an employee has the right to prevent an employer from viewing the employee's text messages sent or received on an employer-issued pager. Here is an article discussing the case. It is fair to say most people (from low-level employees to corporate executives) have sent or received personal correspondence during work, whether it was a telephone call, email, fax, or text message. When you sent or received that correspondence, what was your expectation of privacy? Does your answer change if your employer provides you a written policy stating your employer may record and view all correspondence sent or received on company-owned property? How do you think the U.S. Supreme Court will decide? Post your comments and answers below. We will continue to track this case and see how your responses correspond with the Supreme Court's decision.

New Year - New Formatting

As we approach 2010 we thought it appropriate to add a new component to the Blog. We started the Blog as a vehicle to promote communication between the Firm and you, our readers. Periodically we will pose employment-related questions regarding current issues in the news or work place. Feel free to provide your thoughts and comments. We would like to hear what you have to say.

Coles Corner Winning Wine: December 2009 (Archive)

December 2009: Gauge Wines 2007 20 Gauge Chard. This surprisingly smooth chardonnay opens with delicate nots of sweet melon. Slight hints of the classic buttery chardonnay remain but this doesn't taste like a classic chardonnay. Although you might associate this wine with warmer months, try 20 Gauge if you're shooting for a crowd pleaser this holiday season.

HR Isn't All Bad - The Personal Side of Personnel

Human Resources often is saddled with many unenviable tasks, with the two main culprits disciplining and terminating. As employment lawyers, unfortunately, we usually only interact with Human Resources regarding these unenviable tasks. It seems appropriate as the year winds down and the holiday season approaches to remember all the beneficial and seldom-recognized tasks Human Resources provides to employees and the company as a whole. So if you are in Human Resources and feeling overwhelmed by your unenviable tasks, an executive tired from continually dotting your "i's" and crossing your "t's," or an employee worn out from all the protocols and procedures, remember HR . . .

H onors employees for their years of commitment to the company.

U nites employees and management in a common goal.

M aintains valuable documents and files.

A ssists with new hire orientation and company retreats.

N urtures during difficult times.

R ecognizes employees for outstanding work.

E ncourages teamwork and dedication.

S upports employees throughout their tenure.

O rganizes company events and parties.

U mpires employee disputes.

R esponds to inquiries regarding benefits, job openings, and payroll.

C ounsels employees regarding any and all aspects of their job.

E xplains company policies and procedures.

S erves the company with unwavering enthusiasm.

While this list describes only a small fraction of the services HR provides, the list illustrates all the positive benefits HR provides employees, managers, and the company as a whole. Human Resources is the backbone of any company, so take some time this holiday season to say thanks.

Coles Corner Winning Wine: November 2009 (Archive)

November 2009: Boutari Skalani. Impress your friends with your taste for rare international wines. Skalani Boutari is a blend of Kotsifali and Syrah. Cultivated on the Isle of Crete, this earthy wine is reminiscent of a South American Malbec. As you sip this wine, one can’t help but imagine the peaceful sounds of waves splashing against the rocky Cretian coast. Find this wine online at www.boutari.gr.

How to Conduct a Proper Harassment Investigation

Harassment claims are one of the most significant and popular threats against employees and employers today. Harassment and harassment-related claims are destructive to workplace morale, reduce employee productivity, and detract from an employer’s mission and purpose. While the most common form of harassment is sexual harassment, harassment based on any protected status is improper.

To further complicate matters, employers also must be concerned with lawsuits filed by accused harassers who were terminated in the employer’s attempt to provide prompt remedial action without conducting a proper investigation.

To avoid liability to both the complainant and the accused harasser, it is imperative for an employer to conduct responsible, thorough, and effective investigations into harassment complaints. Employers must act affirmatively to create policies against harassment and must effectively implement these policies.

So, what should you as the employer do? The steps below are a good general guide to avoiding harassment claim liability:

Step 1: Create Anti-Harassment Policies – Every employer should promulgate a clearly written, well-publicized anti-harassment policy. Make sure your policy applies to any harassment based on protected status. A policy always should include (1) the company’s opposition to harassment, (2) examples of harassment, (3) complaint procedures, (4) individuals to contact if an employee feels he/she is being harassed, (5) a statement that the company will promptly investigate any complaint, and (6) a strong statement that retaliation against complaining employees will not be tolerated. Always distribute a copy of your anti-harassment policy to all employees and require all employees sign a form acknowledging receipt. You should also post a copy on workplace bulletin boards and periodically redistribute the policy. It is also a good idea to periodically revise and update your policy based on any changes in the law.

Step 2: Implement Anti-Harassment Policies – You should establish an easy line for communicating harassment complaints. You also should designate at least two people, one male and one female, to whom an employee should complain about harassment allegations. Once a harassment complaint is made, you should choose an investigator trained in conducting harassment investigations. The investigator always should be impartial, unbiased, and objective.

Step 3: Conduct a Thorough and Proper Investigation – A good investigation always should begin by reviewing (1) the company’s existing policies and procedures, (2) applicable federal and state discrimination laws, and (3) all relevant documents, including the complainant’s and accused harasser’s personnel files. Next, the investigator should interview the complainant. The interview should be held in a neutral place where other employees cannot observe the interview. A witness should always be present for the complainant’s interview. After the interview, the investigator always should ask the complainant to sign a statement summarizing the complaint. The witness also should take notes of all relevant facts stated during the interview. After the complainant interview, the investigator should interview the accused harasser. Always make sure the accused understands the investigation process and understands the company will not tolerate any retaliation against the complainant. Finally, the investigator should interview all relevant witnesses including (1) those who witnessed the incident(s), (2) those with relevant information, (3) authors of relevant documents, (4) people the complainant asked to be interviewed, and (5) people the accused asked to be interviewed. The investigator always should draft witness statements after interviews and have each witness review and sign the statements.

Step 4: Come to a Resolution – You always must complete the investigation process. This includes final resolution. After all the interviews and document review, the investigator often must make some credibility determinations. After resolving any credibility issues, the investigator must draw a conclusion as to what happened and recommend appropriate corrective action. The goal of corrective action should be to prevent future harassment. The investigator should present his or her written recommendation to a designated supervisor – usually a human resources manager. Once a decision is finalized, you should work to implement the results in a timely manner. First, meet with the accused harasser to explain the results. Second, meet with the complainant to discuss (1) the investigation results, (2) the nature of any disciplinary action, (3) what the complainant should do if he or she experiences retaliation, and (4) continued confidentiality requirements regarding the investigation. There is no need to notify any other employees.

It is important to remember that each harassment case is different and these general guidelines may be insufficient for your particular case. You should take care to create anti-harassment investigation policies that are flexible for each individual case. If you are ever in doubt, your best bet is to contact counsel before proceeding.