Discipline / Investigations

Is it legal to discipline an employee for tardiness by suspending her without pay?

08/26/2008

Q. I work in HR at a customer call-in center. To make sure we have enough coverage to handle calls, we have a strict tardiness policy. Recently, one of our customer service agents was late for work several days in a row. She is an otherwise outstanding performer and we don’t want to fire her. In the alternative, we would like to suspend her for one week without pay. Is that legal? …

State troopers charge ‘Arbitrary, antiquated’ processes are biased

08/25/2008

Twenty-three black and Hispanic state troopers are suing the New Jersey State Police, alleging bias in promotions, training, special assignments and discipline. The lawsuit claims the department’s promotion system is “an arbitrary, antiquated and subjective process that is skewed in favor of male Caucasians.”

What are the rules on recording an investigative conversation?

08/22/2008

Q. We need to investigate a claim of misconduct against an employee and will interview the employee in person or over the phone. May we record the conversation without telling the employee? …

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008

You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

The New Kind of I-9 I.D. You Must Accept

08/18/2008

U.S.

employers must begin accepting the government’s new wallet-sized passport card—a portable alternative to the traditional passport book—as an acceptable document for completing Form I-9s, the U.S. Citizenship and Immigration Services has announced. Here’s what you need to know about this new form of I.D.

Breaks required—But forcing employees to take them isn’t

08/15/2008

In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them …

Draw the line between ‘tough talk’ and harassment

08/13/2008

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Tracking all discipline makes it easier to defend lawsuits

08/13/2008

Employees who are fired frequently sue, alleging some form of discrimination. A fired employee may say, for example, that she was treated differently than her male co-worker who allegedly committed the same workplace offense. Smart employers keep careful track of all disciplinary actions and use progressive disciplinary programs to differentiate among employees …

Prejudgment, blind faith by HR may prove costly

08/12/2008

How HR handles discrimination complaints can mean the difference between winning and losing lawsuits. The key lies in using good faith when checking out allegations of discrimination. Do not automatically assume that either party is correct. Keep an open mind and conduct an impartial investigation, giving everyone a chance to present his or her version of events …

Root out subtle but pervasive hostility—It’s harassment even if it’s not severe