Human Resources.  It’s a living thing.  State and Federal rules and regulations combined with business protocol and best practices.  It’s a field that requires knowledgeable and determined professionals.  Usually, the path to equitable solutions is clear.  But what about the time when implementing the reasonable accommodation under ADA crosses into the privacy regulations of HIPPA?  Or, federal exemptions regarding state statutes cross paths under ERISA?  The truth is that the HR professional can become personally liable. Let’s talk about a few places where liability can creep in. Under the Immigration Reform and Control Act (IRCA) the law criminalizes knowingly hiring an illegal immigrant, along with financial and other penalties for employing them.  This act introduced the I-9 form to ensure that documentary proof of employability was provided, however, there are plenty of methods potential hires have found in forging their documentation.  And, hiring personnel could still be found negligent in a possible case of employing an illegal immigrant.
30 March, 2012
[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] I know a thing or two about competition.  I was sixteen, playing volleyball for my high school team.  Things were pretty intense; the teams were neck-and-neck.  The other team bumped, set and spiked!....right into my face.  My face burned from a mixture of humiliation and pain and my ears rung, thankfully masking the sound of the other team’s fans cheering from the stands.   I blinked, dazed, wondering if my face would appear permanently smashed after this experience.  I was angry, but even though my team was losing and I had been injured, I never thought of retribution. The same cannot be said for John Levi Miller, a former professional wrestler who is currently suing an old opponent for kicking him in the crotch hard enough to cause his testicles to rupture, resulting in one of them having to be removed.  Ouch!  And I thought I knew what being competitive was all about.
12 March, 2012
[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Confucius, once said, “Before you embark on a journey of revenge, dig two graves.” In a better world, such words of wisdom would cause at very least a moment of reflection, but alas today’s modern society abounds with stories of revenge and retaliation gone awry. When it comes to retaliation in the workplace, it’s important for employers and managers to remember that prevention is much preferred to the bitter pill of litigation. That’s because, historically speaking, it’s typically the company that ends up taking the blame in retaliation suits. In fact, recent studies indicate that an employee who files a retaliation lawsuit is more likely to prevail at trial and recover significant damages than an employee filing a typical discrimination claim. What makes retaliation claims so much different? One theory would indicate that jurors, while slow to believe that managers are racist or sexist, are much more likely to find those same individuals capable of seeking revenge on someone looking to hurt the company. It’s simply human nature.
09 March, 2012
[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] You know how difficult it is to apply sunscreen to your own back. No matter how much you stretch and contort, there is always a spot that you miss- right down the center.  And after a day in the sun, that is the spot that causes you to lose sleep at night from the burning, prickly heat of a sunburn.  Your discomfort is due to leaving that spot open and vulnerable. Unfortunately, some medical malpractice policies can leave you just as open and vulnerable to getting burned.
02 March, 2012