DISCIPLINE / INVESTIGATIONS

4 questions to ask before you issue a write-up

08/21/2016
Written warnings form the backbone of an effective progressive discipline system. They provide the documentation necessary for showing what an employee did wrong, when it happened, the circumstances that preceded the events in question and what corrective action the employee must take.

Your best practice: progressive discipline

08/05/2016
In general, using a sensible progressive discipline program and documenting all disciplinary actions will help you justify a discharge—even in the face of apparent prejudice or bias on the part of individual managers.

Are disciplinary records clear and complete? Documentation only works if it's accurate

08/01/2016
We say it over and over again: Document, document, document! But perhaps a little more clarity is in order: Document accurately, so there can be no doubt that you clearly recorded the details of violations that led to discipline.

Note all details that went into your decision to discipline an employee

07/18/2016
Always record the details of your disciplinary decisions at the time you make them. Document as if you are assuming that litigation will result from every disciplinary act.

Document performance problems even if they are not serious enough to warrant discipline

07/13/2016

Sometimes, an employee’s performance problems may not seem serious enough to warrant a formal performance improvement plan. However, you should be sure to document the problems anyway. Those records will be useful if you later have to terminate someone for economic reasons.

Three investigation lessons learned from a political controversy

07/06/2016
Another day, another political scandal involving a politician accused of having an extramarital affair. Consider the recently exposed allegedly improper relationship between Alabama Gov. Robert Bentley and a top female aide.

4 steps to thwart sticky-fingered workers

06/28/2016
According to a National Retail Federation survey, retail employers caught 80,366 employees stealing in 2014, a figure representing one out of every 38 employees.

Document all discipline, just in case of lawsuit

06/09/2016
Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.

Keep track of disciplinary timing in case employee alleges continuing violations

06/09/2016
Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.

Make it easy for judges to take your side

06/08/2016
Generally, judges hate having to second-guess management actions. An employer’s decision typically stands if it sounds at all plausible and honest.

Investigate all claims of reverse discrimination

06/03/2016
No matter how unlikely you think the complaint may be, investigate every hostile environment claim, including allegations of reverse discrimination.

7 situations you should document every time

05/27/2016
Thorough and accurate HR documentation is what wins lawsuits.

Document all the details when disciplining

05/19/2016
Skipping careful analysis in discipline investigations is a bad idea.

Document each step of every investigation

05/13/2016
As soon as you hear a supervisor complain that an employee isn’t performing well, start keeping detailed records of your efforts to investigate.

False complaints? You must discipline

05/12/2016
Plenty of employees have lots of legal savvy—enough to believe that filing a complaint might amount to a “get out of jail free” card.
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