Author Archives: awest

A Few Thoughts on Winning and Losing (Go Giants!)

I am not a big sports fan and tend not to use sports analogies in my writing or training. But when you live 20 minutes from a team headed to the World Series, you become, as if by osmosis, a … Continue reading

Posted in Investigations | 6 Comments

Please Join Me for a Free Webinar on the NLRB Confidentiality Dilemma

The NLRB recently ruled that employers who tell employees involved in an internal investigation to keep the details of the investigation confidential must now be prepared to prove that the confidentiality restriction is necessary to further a legitimate business need. … Continue reading

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Beyond Our Borders: after “hola,” then what?

As I noted at the end of my recent blog post, I am on vacation in Barcelona, Spain. My 9 year old son and I take advantage of traveling by doing a home exchange – meaning we swap homes with … Continue reading

Posted in General | 1 Comment

The NLRB Says Go Ahead and Talk about Investigations…

You read the blog title, slap your head and say, “Really?” Last week the NLRB came out with a decision that really has HR and employement attorneys rolling their eyes. In its Banner Health Systems decision, the Board ruled that … Continue reading

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What I Learned from Jerry Seinfeld

Last week Jerry Seinfeld was the entertainment at the SHRM Annual Conference held in Atlanta. He was dressed in a suit which I greatly admired – he took his audience seriously. He was in perfect form and had about 15,000 … Continue reading

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Lessons from Mad Men #1

Ok, so I am a recent addict of the hit show Mad Men and love it.  Although, as an employment attorney I often watch with a gurgling stomach as I am bombarded with non-stop drinking and sexist, racist, homophobic language … Continue reading

Posted in General, Investigations, Legal Issues, Management | 1 Comment

Sheryl Crow’s Brain Tumor and Your Employees

Last week Sheryl Crow announced she had a benign brain tumor.  Thankfully, she is fine.  Her announcement made me wonder: What if one of your employees came in and told you they had a benign tumor?  Are your managers familiar … Continue reading

Posted in Disability, Discrimination, General | Leave a comment

Make Your Documentation Bulletproof

In three weeks (June 25) I will be presenting my signature documentation program at the 2012 SHRM Annual Conference in Atlanta entitled Seven Steps to Creating Bulletproof Documentation.  I thought I would share some tips from the program… Words to … Continue reading

Posted in General, Management, Training | 1 Comment

More Clarification (ahem) from the NLRB on Social Media Policies

Well, on May 30, the NLRB has issued its third memo on social media and other workplace policies. I think the Board believes it’s trying to help employers understand what policy language they find unlawful that infringed on employee Section … Continue reading

Posted in General, Legal Issues, Social Media | 2 Comments

A Cure for Misbehaving Managers – Try Sensitivity Training

I am starting to think there is an epidemic out there in corporate land.  In the past couple of months I have received 7 new assignments to deliver sensitivity training to wayward managers. Is something in the water?  The bad … Continue reading

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Social Media Policy Headaches

Yesterday, I delivered a webinar on Social Medial Policies and the NLRB.  To be quite frank, this is a crazy area for employers right now. As most of you know, the NLRB has been getting a lot of press these … Continue reading

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Social Media Policies – Managing Risk in Light of the NLRA

Like it or not, many of your employees likely are accessing Facebook, Twitter, LinkedIn and other social media sites on and off the clock. Telling them not to may be impractical. But not managing the associated risks properly can put … Continue reading

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Yikes! 2d Circuit Finds Title VII Does Not Protect Internal Investigators

Every internal HR investigator’s nightmare came true for HR Director Karlean Grey-Allen when she was allegedly fired in retaliation for investigating a receptionist’s allegations of harassment against the company’s vice-president (who happened to be married to the president of the … Continue reading

Posted in Investigations, Legal Issues | 1 Comment

AT&T hit for $5M Religious Discrimination Verdict

In 1999, when Susan Bashir began working for Southwestern Bell, a unit of AT&T, she was Christian. In 2005, she converted to Islam and, well, her world changed.  Bashir alleged her managers and co-workers began calling her a “terrorist” as … Continue reading

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Ever wish you could use an Etch A Sketch to change something you did or said?

“I think you hit a reset button for the fall campaign. Everything changes,” Fehrnstrom responded. “It’s almost like an Etch A Sketch. You can kind of shake it up, and we start all over again.”  These words were recently said … Continue reading

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Do you have trouble getting your investigation witnesses to talk?

One of my favorite subjects to train on is investigations. As an investigator I know how hard it is at times to get a witness to open up and give me the valuable information they may have (or not.) Yet, all-too-often, … Continue reading

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Tough Talks: How to conduct difficult employee discussions (webinar)

Do you dread engaging in a difficult workplace conversation such as telling an employee they have body odor or wear too much perfume? Or dealing with the ubiquitous whiners and complainers? How do you start the dialogue ? Come join … Continue reading

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A RUSH to Court?

You really can’t escape reading or hearing about Rush Limbaugh’s attacks on Sandra Fluke. Many people are waiting to see if Sandra will sue Rush for defamation.  What if we change the scenario a bit and Rush’s comments were said … Continue reading

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You Want Me to Investigate WHO?

If you have ever been asked to investigation the CEO, VP, or other high level employee you know it can be quite challenging. On Wednesday, I will be delivering a 90-minute webinar on the practical and legal implications of investigating a … Continue reading

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Dig deeper during your investigation interview

I will be delivering a three-hour session on How to Conduct a Legal, Thorough Work Workplace Investigation at the annual California Employment Law Update Conference in Berkeley on November 2.  As part of the promotion, I was asked to share … Continue reading

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