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Discipline / Investigations

Don’t be intimidated by sudden disability claim during discipline

09/09/2008
Employees who face discipline and are worried about losing their jobs may believe that claiming they are disabled will stop or at least delay the inevitable. They think the ADA is a shield against punishment. Don’t fall for that trick …

Harassment complaint earns retaliation protection if complaint was made in good faith

09/08/2008
Many employees seem to believe that they can get job protection and immunity from reasonable discipline just by complaining to management about alleged harassment. But employees who make pests of themselves by reporting every comment they overhear or interaction they see aren’t automatically protected from retaliation …

Track discipline to ensure equal treatment for equal offenses, regardless of protected class

09/08/2008
Sometimes, it seems as if everyone belongs to some protected class, or a combination of classes. Since any disparate treatment for the same rule violation may trigger a discrimination lawsuit, HR should be prepared to show that no employee in any particular classification is singled out for more severe punishment. Given the number of possible combinations, that’s a difficult task …

Staffing firm CEO accused of skimming $182 million in taxes

09/08/2008
Frank Amodeo, head of Mirabilis Ventures in Orlando, has been indicted on 27 counts of conspiracy and fraud for allegedly stealing $182 million in payroll taxes from thousands of businesses across the state …

Did business grad bilk UM workers in Ponzi scheme?

09/08/2008
Andres Pimstein, a graduate of the University of Miami (UM) School of Business, didn’t venture far from his alma mater before putting all his hard-earned business savvy to use. He is accused of luring dozens of university employees into investing in what turned out to be a $30 million Ponzi scheme …

Progressive discipline best approach with problem employee

09/05/2008

Some employees may believe their co-workers and supervisors are out to get them because of race, sex or some other protected characteristic. Then they look for evidence to support those beliefs. They catalog every slight for future reference—maybe in a lawsuit. Your best defense against such litigation is a well-established progressive discipline system …

Political activity in the workplace: Can you discipline employees?

09/05/2008

The upcoming elections will highlight partisan politics and controversial issues affecting employees. No doubt, your workplace will be the site of some political discussions—and maybe overtly political activity. You need to understand when you can and cannot discipline employees for political activity …

Manager’s racist comment may seal the deal on hostile environment

09/03/2008

If you don’t punish it right away, even a single racist comment by a manager can result in an employee filing a racially hostile environment claim. Here’s why: If the employee on the receiving end is also being dealt with harshly by her boss, she can effectively link the comment with the other poor treatment …

Investigate to find truth behind discrimination complaints

09/02/2008
Sometimes a supervisor targets the members of protected classes for poor treatment. But what looks like discrimination sometimes isn’t. Employers can learn the truth—and often protect themselves from liability—by holding off on discipline until after HR has conducted a thorough, independent investigation …

Lawful Off-Duty Activities Statute requires caution before discharge

09/02/2008
Colorado employees are protected from being fired for engaging in lawful activities while off duty that are unrelated to their job duties. Employers should carefully consider discharging someone if it appears that off-duty activities may be a factor. It’s crucial to tie disciplinary action to legitimate job concerns apart from any outside activities …