A Quick HR Limerick

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In honor of St. Patrick’s Day (and being 1/4th Irish),  I offer this limerick as a cautionary tale to all human resources professionals dealing with litigious employees and bad bosses:

There once was an employee named Jill
Her job left her feeling quite ill
Her touchy boss wouldn’t stop
Brushing against her top
So she called HR Manager Bill

Old Bill hailed from the heartland
Fond of PBR and polka bands
Sloppily investigated Jill’s claims
Assigned the boss no blame
Jill quit and made legal demands

Still other employees complained
Of discrimination, harassment and pain
About poor communication
And denials of vacation
But, alas, the reports were in vain

For the boss was a tough taskmaster
His people skills a disaster
Get the damn work done
It’s not a charity that he runs
Nor was it his job to flatter

Then came an employee named Jake
Not enough money did he make
He and a hundred others sued
Seeking overtime wages due
His lawyer bought a mansion on a lake

Though HR’s plate was already full
Lawsuits and claims took their toll
Job duties pushed aside
To fight the legal tide
Company morale sunk exceedingly low

A dark knight heard the discontent
Swaggered in, spewed promises, and went
Employees sniffed the hot air
Were enchanted by the aroma of fair
And unionized the establishment

Then, despite trying his best
Bill was often second-guessed
Monday morning quarterbacks
Made him slow to react
So Bill retired and moved southwest

 

 

 

 

Lies, Damn Lies and (EEOC) Statistics

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“98% of all statistics are made up”  ~Author Unknown

On February 4, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) released its Fiscal Year 2014 Enforcement and Litigation Data”  report (“EEOC Report”).  The EEOC Report, chock full of statistics regarding employment discrimination charges brought against employers under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and other Federal statutes, is a statistician’s dream.

As Mark Twain reportedly said, however, “facts are stubborn things, but statistics are pliable.”   Perhaps not surprisingly then, the EEOC Report can be interpreted to contain good and bad news for employers:

Good news:  The total number of discrimination charges filed against employers actually fell almost 5% in fiscal 2014 from the year prior.
Bad news:     There were still 88,778 EEOC discrimination charges filed against employers in 2014. (This does not count state and local charges).

Good news:  In 2014 the EEOC dismissed 65.6% of the discrimination charges during the investigation stage.
Bad news:     In 2014 the EEOC recovered over $318 million from employers through its enforcement, settlement and litigation efforts. 

Good news:   In 2014 age discrimination charges dropped almost 20% from their peak in 2008.
Bad news:     Retaliation claims reached an all time high, comprising nearly 43% of all discrimination charges.

Good news:  The EEOC files suit in less than 8 percent of the cases where it believes discrimination occurred and no settlement is reached.
Bad news:     The EEOC filed 133 “merits” lawsuits across the country, and claims a 90% success rate at resolving matters in district court.

Hopefully 2015 will only bring your company good news.  Decrease the possibility of bad news by adopting some human resources “best practices”  found here and here.

Mitchell W. Quick, Attorney/Partner
Michael Best & Friedrich LLP
Suite 3300
100 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202
414.225.2755 (direct)
414.277.0656 (fax)
mwquick@michaelbest.com
http://www.linkedin.com/in/mitchquick
 Twitter: @HRGeniusBar
 @wagelaws 

 

HR Tip – Save Those Voicemails

Probably every Human Resources Manager has received a voicemail from an employee advising them he is “quitting.”  Sometimes the employee even “thanks” the HR Manager and/or the company for the “opportunity,” and does not say anything negative about his employment experience.

I strongly recommend saving such voicemails from any employee the company suspects is a “litigation risk” (in their original audio format) for at least a year, and preferably two.

Why save them?  Employees often conveniently change their “stories” or recollections after quitting.  Such voicemails present compelling evidence to defeat an employee’s later claim that he was “fired” or “forced to quit”  (aka “constructive discharge”).  They are particularly useful in knocking down unemployment compensation claims and previously unreported claims of harassment.   The employee is left to “explain away” his own statements, and will not appear credible in doing so.

Why save them that long?  Under most federal and state laws, claims for discrimination, harassment and retaliation generally have to be asserted within 300 days of the alleged adverse employment action.  Retaining the voicemail for at least a year will ensure you have it available if a claim is filed.  Keeping them two years is preferable because claims under the Federal Family and Medical Leave Act (FMLA) and the Federal Fair Labor Standards Act (FLSA) can be asserted 2 (or even 3) years later.

Bottom line:  don’t hit the “delete” button, and you may “save” your case!

Mitchell W. Quick, Attorney/Partner
Michael Best & Friedrich LLP
Suite 3300
100 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202
414.225.2755 (direct)
414.277.0656 (fax)
mwquick@michaelbest.com
http://www.linkedin.com/in/mitchquick
Twitter
@HRGeniusBar
@wagelaws