01/01/2013
Absent a union contract or other established rule, you don’t have to use seniority to decide which employee should be laid off. You can use any objective measure.
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12/30/2012
A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.
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12/30/2012
Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.
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12/10/2012
Here’s some good news for those handling discipline and wondering whether your decision will stand up in court: You don’t always have to be exactly right, just fair and honest.
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12/01/2012
Not every romance ends happily ever after with a storybook wedding. But with the passage of time, most breakups don’t leave a lingering mess. That’s not necessarily true of workplace romances gone sour, where the former love birds may remain in regular contact with each other.
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11/29/2012
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.
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11/29/2012
Sometimes, internal investigations pull back the curtain on performance problems that have nothing to do with the original inquiry. Even if it turns out that the initial reason for the investigation was unfounded, you don’t have to ignore other issues you may uncover.
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11/27/2012
The next time you discipline an employee, consider how his conduct compares to others who broke a similar rule. Then detail the differences if the punishment varies. That way, you can later explain why two employees violating a similar rule deserved different punishments.
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11/19/2012
Don’t let past discrimination complaints by an obviously troubled employee keep you from ensuring workplace safety. Even vague threats can justify firing a potentially dangerous employee. Few judges will see that as retaliation.
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11/12/2012
Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.
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11/12/2012
Do you know for sure that your supervisors equally punish employees who break the same workplace rules? If not, it’s time to conduct an internal audit. Check disciplinary records against your employees’ protected characteristics.
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11/01/2012
Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.
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10/30/2012
If you interview employees during the course of misconduct investigations, make sure to take accurate notes. Then, before concluding the interview, have the employee read and sign the notes, attesting that they accurately reflect what was said.
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10/22/2012
An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.
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10/18/2012
When investigating claims of harassment or misconduct, it’s common to ask employees whom you interview to “keep this information confidential.” But a new ruling from the NLRB says that such a blanket confidentiality rule violates employees’ legal rights unless “legitimate and substantial justification exists” for the rule.
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