Discipline / Investigations

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.

How to counsel employees who have personal problems

07/31/2024

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Failure to investigate lands HR in trouble

07/17/2024

Employers must investigate every harassment claim. That’s true even when the alleged harasser is an owner or executive.

Documenting discipline: Your step-by-step guide

07/08/2024

Your best defense against a lawsuit claiming you wrongly fired a poor worker is solid documentation of deficient performance. Courts are less likely to believe discrimination or retaliation was the reason you fired someone if you can show you gave him or her a real chance to live up to workplace expectations.

Follow these 4 rules to make progressive discipline hold up in court

06/07/2024

Having a rigorous system of progressive discipline is the best way to prove in court that an employee fired for inferior performance was treated fairly and in accordance with your company’s policies. Base progressive discipline on these four rules.

The vital importance of diligent documentation

06/05/2024

One critical area that HR professionals must always remind managers about is the importance of diligently documenting employee performance issues. Taking the time and care to document thoroughly can save you and your company major headaches later.

Discipline consistently, equitably to avoid discrimination liability

04/15/2024

Every employee who breaks the same rule should receive the same level of discipline. Absent some solid, fact-based reason, treating some employees more leniently than others is practically begging to be sued for discrimination. That’s especially true if a manager treats members of a particular protected class more harshly or more favorably than employees who belong to different protected classes.

How to save millions even if you lose in court: Good-faith investigation can prevent huge punitive damages

03/13/2024

Always investigate every HR complaint, even if you think it’s frivolous. Doing so can help you dodge a huge punitive awards verdict if a jury sides with a fired worker. What matters most is that the investigation is done in good faith.

Lessen liability by quickly addressing sexual harassment

02/23/2024

Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.