DISCIPLINE / INVESTIGATIONS

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.

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.

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.

Unequal discipline for same offense? Be prepared to explain exactly why

02/10/2016
When more than one employee is implicated in a rule violation, make sure all employees are disciplined equally. That’s especially true if they have the same supervisors and similar disciplinary histories.

Are we allowed to discipline an employee for spouting off about political topics?

02/08/2016
Q.  With the upcoming presidential elections, political conversation among employees has become more frequent and intense. One employee in particular, whose political views are the opposite of most of the others in the office, has taken to vehemently promoting his favored candidate and that candidate’s views. Several employees have complained that this has made them uncomfortable. Can we take disciplinary action against the employee for promoting his political views? We are a private employer.

10 steps: Conducting an internal investigation

02/08/2016
Follow these procedures when conducting internal investigations of alleged employee misconduct.

Supervisors' guide to progressive discipline

02/04/2016
No state or federal law requires you to establish a progressive discipline policy. If your organization has one, however, make sure all your supervisors understand and follow it.

What to ask before punishing insubordination

01/20/2016
An employee who doesn’t do what is asked of him or her is not necessarily insubordinate. Before disciplining for insubordination, delve a little deeper into the employee’s resistance.

Counter years of good reviews by documenting legit reasons for discipline

12/22/2015
Generally, if an employer gives an employee consistently good reviews, courts will view that as evidence that the employer was satisfied with the worker’s job performance. An employee who alleges discrimination or retaliation can then use those good reviews to show that something else must have been the reason for a sudden discharge.
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