John Phillips of The Word on Employment Law brings us an important tip on over-documentation. Artificially creating a paper trail to trap an employee could be just as dangerous to a company as failing to document legitimate performance problems.
Lou Michaels from Suits in the Workplace reports that the EEOC is telling people it will start treating "no rehire" clauses in settlement agreements as retaliatory. This treatment will put employers in the precarious position of accepting the former employee back or facing a claim that the failure to hire was the result of the prior discrimination charge. As Lou astutely points out: "The fact that the employee is willing to return to the workforce notwithstanding her earlier claim that it was a hostile environment, managed by racists, sexists, or discriminates against the elderly, casts more than a little doubt on the veracity of the original charge, but the Commission seems to ignore this."
Mark Toth, at the Manpower Employment Blawg, provides some insight into a recent large settlement between the EEOC and Dillard's Department Store over the propriety of transferring an alleged sexual harasser to a different store in response to a complaint at the prior store.
BLR's HR Daily Advisor gives some tips on how to best handle the dirty job of terminating an employee.
Finally, Law.com has a bit on a topic I've covered a lot lately, bullying bosses.