Discipline / Investigations

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.

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024

The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

A fair investigation is all that’s required

02/14/2024

It’s important to thoroughly and fairly investigate whenever an employee is accused of wrongdoing. Employers have lots of leeway to investigate as they see fit, as long as they can demonstrate their investigation was conducted in good faith.

Get written acknowledgment for every missed shift

02/02/2024

Employers that have clear rules and apply them fairly seldom lose termination lawsuits—if they can prove their employees understood the rules. One of the best ways to demonstrate that is by consistently having workers acknowledge that they broke a rule. Do this at the time you discipline the worker, pointing out what rule they broke. A brief written disciplinary notice with a space for the employee’s signature should to the trick.

Cost of a one-sided investigation: $15 million

01/08/2024

Ignoring a complaint or summarily dismissing it almost guarantees you’ll lose a lawsuit if the complaining employee decides to sue. But how you conduct that investigation is crucial. Lean too heavily towards supporting the alleged victim, and the alleged perpetrator may be the one who sues you.

Workplace investigations: Get the facts about alleged harassment

10/02/2023

When faced with a harassment complaint, you know you must conduct a prompt and thorough investigation. Then, if there’s merit to the complaint, you must fix the situation. Plus, you must come up with a plan to prevent a recurrence. But before any of that happens, you have to get the facts.

Sink retaliation claims by engaging an outsider to investigate bias complaints

07/20/2023

Using an outside entity to investigate internal discrimination or harassment complaints helps prevent retaliation lawsuits. That’s because there’s no reason for an outside investigator to take sides in the outcome.

NLRB ruling: Weigh context when punishing employee for angry outbursts

06/21/2023

The National Labor Relations Act, which is administered by the National Labor Relations Board, protects employees’ right to form and join a labor union and engage in so-called concerted activities to improve working conditions. Recently, the NLRB ruled that occasional angry outbursts—even if offensive enough to potentially create a hostile environment under Title VII—are protected activity under the NLRA.