05/09/2013
Sometimes, it’s pretty obvious you need to terminate an employee. That doesn’t mean you don’t have to investigate and document your decision.
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04/30/2013
A cardinal HR rule: Everyone who breaks the same rule should receive the same punishment. That doesn’t mean a frequent rule-breaker can’t be punished more harshly.
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04/01/2013
You never know which fired employee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.
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03/01/2013
Q. An employee lodged a complaint about a supervisor’s misconduct. I know we’ll need to perform an investigation, but I’m not sure where to start. What’s the best way to proceed?
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02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all employees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option ...
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02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.
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02/18/2013
It’s reasonable to expect employees to obey your work rules. But employees can also reasonably expect you to apply those rules fairly. If you don’t, you risk a lawsuit. That’s why it is crucial to be specific when documenting discipline.
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02/18/2013
You can’t fire everyone who makes a stupid comment—or even two. But you also can’t ignore insensitive or offensive speech, just hoping for the best. The best approach is direct: Pull the employee aside and explain that neither you nor the company tolerate racist, sexist, ageist or other offensive comments ...
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02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.
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02/03/2013
HR Law 101: Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. Courts are increasingly taking a dim view of employers that don't take decisive action to prevent sexual harassment ...
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02/01/2013
Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.
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01/14/2013
Here’s an important concept to remember when disciplining managers: They are responsible for what goes on below them on the organization chart, whether they know the details or not.
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01/13/2013
Do you monitor all discipline and make sure employees who break the same rule suffer similar consequences? It’s the best way to win discrimination lawsuits.
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01/13/2013
You don’t always have to punish two employees who break the same rule exactly alike. Just make sure you explain the difference for the record. That kind of documentation will prove crucial if an employee decides to sue.
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01/13/2013
Although public employers may be aware of their obligation to provide certain types of employees with an opportunity for a hearing before imposing discipline (such as a written reprimand), the line between a nondisciplinary counseling memorandum and a disciplinary reprimand is not always clear.
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