Discipline / Investigations

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.

Disciplining for harassment? Ensure it’s even-handed

10/10/2024

When disciplining workers for harassing co-workers, make sure the punishment isn’t disproportionate and that you can show similarly situated workers were punished the same way.

Take employee misconduct complaints seriously, for their sake and yours

09/27/2024

Employers would love it if unacceptable behavior never happened in their workplace. Unfortunately, few work environments escape problems. Effective leaders realize their actions during such critical times play a huge role in employee relations going forward.

Investigate all complaints

09/19/2024

Ignoring a harassment complaint could result in a messy public lawsuit.

How many more chances after last-chance agreement?

09/12/2024

In Moore v. Coca-Cola Bottling Co., the appeals court held that an employee’s last-chance agreement, signed after the employee tested positive for marijuana, did not bar his subsequent discrimination lawsuit when terminated after yet another positive test.

Documenting discipline: The 3 cardinal rules for managers

09/06/2024

Managers should make documentation of employee performance, behavior and discipline a regular habit. HR can help limit the organization’s legal liability by counseling managers to keep three basic principles in mind when documenting discipline.

Counter refusal to participate in diversity training

08/30/2024

Recently, we have seen an increase in lawsuits from workers who believe that being forced to participate in any kind of diversity training violates their Title VII rights. Now a federal appeals court has tossed out one such case. The court concluded that the worker’s refusal was unreasonable and his claims meritless.