Discipline / Investigations

Warning letter doesn’t count as retaliation

04/15/2019

Retaliation must include an adverse employment action such as termination, demotion or some other substantial and negative action like transfer to an undesirable shift. A mere letter of warning doesn’t rise to the required level of adversity.

Bypass progressive discipline if necessary

04/15/2019

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.

Union member sentenced for defrauding health plan

04/09/2019

A scheme to defraud the International Longshore and Warehouse Union’s health plan has earned a Southern California longshoreman a year-long prison sentence, along with a requirement to repay $201,000.

Prepare to prove discipline has been consistent

04/03/2019

If you need to fire someone for breaking a rule, document the exact rule he broke. Then check to see how you punished others who broke the same rule. Be prepared to show how their situations compared to the current case.

Threatening to reduce employee’s bonus isn’t enough to justify quitting

04/03/2019

A grieving husband has lost a lawsuit that claimed he had no choice but to quit after his employer threatened to reduce his bonus if he continued to take time off to recover from a tragic personal loss.

Respect the results of outside investigations into complaints

03/26/2019

Be prepared to honor the findings of outside investigators you hire to get to the bottom of internal complaints. Accept the results and act immediately to remedy the situation.

Cite specifics to document poor performance

03/26/2019

When disciplining workers, consider the potential for lawsuits. Assume that anyone you terminate might sue.

Document why discipline may have differed

03/20/2019

Before you discipline any employee, review how you handled similar situations in the past. If you decide to discipline more harshly in a new case, be sure to detail in your records exactly why.

Track details of incidents leading to discipline

03/05/2019

Want to make sure discipline sticks? Then details matter. It’s far easier to defend a termination decision if you can show the court that you specifically pointed out the employee’s work problems and offered an opportunity to improve instead of simply terminating her.

Workplace fight? OK to punish based on severity of injuries

02/22/2019

If two workers fight, employers are free to issue harsher punishment to the worker who inflicts the most severe injuries. Just make sure you document exactly why you believe the more aggressive worker deserves greater punishment.