DISCIPLINE / INVESTIGATIONS

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.

Act fast to shut down bosses who insult, demean and harass their subordinates

05/10/2016
Are you hearing complaints that a particular manager is insulting subordinates to the point where it might be considered harassment? Don’t ignore the situation.

4 tips for responding to employee rants and raves

05/10/2016
Disciplinary and termination meetings are emotionally charged events that carry the potential for legal troubles.

When it comes to discipline, details matter--and so does consistency and fairness

05/03/2016
Employers that discipline workers consistently and fairly hardly ever get sued. On the rare occasions they do face a lawsuit, they don’t often lose.

Key to beating bias suits: Consistent discipline

05/03/2016
Make sure you equally and consistently punish all employees who break the same rules.

2 employees, 1 offense? Discipline equally

04/08/2016
When two employees are involved in the same misconduct, be sure to discipline both, otherwise you could have yourself a discrimination case.

Conduct careful investigation after public employees' leak of damaging information

03/08/2016
Public employers have a special Constitutional responsibility that private-sector employers don’t have.

Beware boss backlash after complaint--you're probably looking at retaliation

02/22/2016

It usually happens like this: An employee comes to HR complaining that her boss said something inappropriate—maybe it was a sexually explicit joke, racial slur or offensive comment about someone’s religion. Then the supervisor gets angry at the employee for complaining and retaliates.

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