10/15/2012
Do you have an employee who’s threatening to sue if you discipline him? Don’t let that prevent legitimate discipline.
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10/15/2012
Employees who suspect they are facing discipline sometimes think they can stop the process by complaining about some form of alleged discrimination. At the very least, they reason, they can claim they suffered retaliation for reporting discrimination. Smart employers keep careful records showing the internal timeline for all employment decisions.
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10/01/2012
You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.
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10/01/2012
If an eventual lawsuit alleges that an employee submitted a form or sent a letter containing specific information, good records will make it easier to counter that claim. You’ll be able to tell the court about your process and then ask for an expert analysis of the document.
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09/21/2012
You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler. But what should you do when the jokes go too far?
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09/18/2012
The former president of Pinehurst Bank in St. Paul will serve 42 months in federal prison following convictions on five counts of misapplying bank funds in a 2010 check-kiting scheme. The resulting losses forced the bank to close in May 2010.
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09/17/2012
A union official will have 366 days to contemplate her actions after being convicted of embezzling from Portsmouth’s Carpenters Union Local 437.
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09/17/2012
If you really agonize over termination decisions, here’s a reason to relax a little. Firing someone for wrong-doing doesn’t require you to be absolutely right about what happened. As long as you conduct a reasonable investigation and make the decision based on the facts as you understand them, a court won’t second-guess you.
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09/17/2012
Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.
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09/17/2012
Sometimes, when investigating serious charges against an employee, it’s best to temporarily suspend him. If you use this approach, always do so uniformly and apply the same rules to similarly situated workers. Don’t, for example, suspend some with pay and others without.
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09/01/2012
An employee who quits during a suspension and pending investigation isn’t eligible for unemployment benefits.
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09/01/2012
Courts don’t expect perfection from an HR investigation. They just want to see that someone in authority took reasonable steps to learn the truth.
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09/01/2012
Employers can’t terminate employees just because a sick dependent increases health insurance costs for the employer. That violates ERISA. But if the employee is terminated for unrelated gross misconduct, he has no ERISA or COBRA claim.
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08/25/2012
The best way to prevent lawsuits or to get a quick dismissal of unfounded charges is to document every employment decision carefully. Following these five simple rules can convince judges and juries that your HR decision-making is legit, above board and fully in line with the law.
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08/14/2012
You probably have some general rules about what employees are and are not allowed to do. If you’re smart, your rules are flexible enough for you to tailor punishment that fits the crime. Faced with such inherent ambiguity, be sure to document the specifics of all discipline.
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