Discipline / Investigations

Court: Toxic social media posts justify denying promotion

09/29/2025

Not everyone wants to spend their time deleting emails, blocking co-workers they don’t see eye to eye with or reading rants on message boards or “forward to all” emails. But employers sometimes don’t know when they can discipline over employees’ posts on and off company resources. Now, a federal appeals court has clarified some limits in a recent case.

Bypass progressive discipline if necessary

08/29/2025

Progressive discipline plans are great for correcting the behavior of employees in whom you have invested time and money and getting them back on track. But always leave yourself an “out” for those cases when retaining the worker just doesn’t make sense.

Is your employee discipline fair? A 5-question self-test

07/11/2025

Whether it’s deserved or not, the perception that management is “against” employees, once earned, is difficult to shake. That’s why it’s vital for supervisors to make sure they treat everyone fairly and consistently, especially when disciplining employees.

‘Impossible’ PIP sinks employer’s discharge appeal

07/07/2025

Performance-improvement plans should be challenging enough to let supervisors know the employee is up to performing their essential job functions at an acceptable level. Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP.

Discover work mistakes during FMLA? Here’s what to do

06/23/2025

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case.

Be better! Anti-harassment training, half-hearted investigations aren’t enough

05/02/2025

Why aren’t anti-harassment policies more effective at preventing harassment? The answer may lie in ineffective training and the failure of employers to follow their own policies.

Discipline consistently to avoid reverse-discrimination lawsuits

04/25/2025

There’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.

7 situations you should document every time

04/11/2025

Thorough and accurate HR documentation is what wins lawsuits.

Clear violation of your rules? Courts won’t second-guess disciplinary decision

03/28/2025

You have workplace rules for a reason, and you can require employees to follow them. If someone breaks your rules or violates your policies, feel free to discipline them. As long as you enforce your rules evenhandedly and impose discipline consistently, courts are unlikely to second-guess your decision to punish employees.

Document termination decision before telling worker

02/28/2025

Always document disciplinary decisions the moment you make them—and before you tell the employee. That way, you can successfully argue that you could not have retaliated against the employee because the decision was made before you knew about their request.