Discipline / Investigations

Beware discipline following a valid complaint

04/06/2026

There’s something inherently suspicious about following up a valid charge of discrimination or harassment with an almost immediate employment action against the employee who filed the initial claim. That smacks of retaliation.

Building workplace investigations that stand up to a jury

02/17/2026

When HR launches a discrimination or harassment investigation, it’s a good idea to stay attuned to how that investigation may look to outsiders a year or so down the line. That requires those performing the investigation to put aside any preconceived notions about what happened.

Investigations are still the best way to fix problems

02/09/2026

Chances are, at some point an employee is going to come to HR and tell you they believe they have been discriminated against, harassed or otherwise been treated unfairly. How you respond to that complaint can mean the difference between losing a lawsuit and all that entails or resolving the problem early and avoiding liability.

Documenting performance: Avoid these 3 common mistakes

11/21/2025

“Document, document, document.” Employment attorneys say it all the time. The quality of your documentation relating to performance management and discipline goes to the heart of your credibility as a manager or HR professional. Anything less and your documentation becomes Exhibit A for the plaintiff.

Social media policies tighten as political tensions spill into workplaces

10/20/2025

The line between personal opinion and professional risk continues to shrink—and HR teams are often the ones left holding the rope.

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.