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Discipline / Investigations

Remind managers: Justify deviations from disciplinary rules

08/05/2008
Handbooks and disciplinary rules help managers mete out consistent and fair discipline. But no handbook or set of rules can cover every possible disciplinary problem, and supervisors need some discretion when deciding what punishment fits the crime. The problem is that any deviation from the rules may be seen as discrimination if an employee who belongs to a protected class perceives that he has been punished more harshly than a co-worker who broke the same rule …

Archdiocese shifts policy after $5.5 million settlement

08/05/2008
The Catholic Archdiocese of Denver has agreed to pay $5.5 million to settle a recent round of lawsuits claiming child sexual abuse by priests. The agreements cover 16 lawsuits and two complaints against three archdiocese priests, all of whom have since died …

Termination following customer complaint

08/05/2008
Q. We recently received a customer complaint about a short-term employee who was already on a “last chance” warning for work errors. Can we fire her now, or do we need to first investigate the complaint? …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Rep. Green asks for investigation into fatal Goodyear explosion

08/04/2008
U.S. Rep. Gene Green, D-Houston, in a letter to the U.S. Chemical Safety and Hazard Investigation Board (CSB), called for an investigation into the fatal explosion that occurred June 11 at a Houston Goodyear facility that makes synthetic rubber for tires …

You have to work hard to get this much bad press

08/01/2008
The Ohio Civil Rights Commission is investigating a possible abusive environment at Chrysler’s Toledo North Assembly Plant in light of 45 civil rights complaints made by workers there in just 18 months …

Attendance policies: Control absenteeism without breaking the law

08/01/2008

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

 

Why can’t we just go ahead and fire an unpleasant employee?

08/01/2008
Q. About six months ago, we hired a new employee for our accounting department. Although he successfully completed his probationary period and has no formal disciplinary actions issued against him, he simply has an unpleasant personality and does not mesh well with the other employees in the department. Can we simply terminate him? After all, Ohio is an “at will” state. …

Can we refuse to pay employees who work unauthorized overtime hours?

08/01/2008
Q. Our policy prohibits employees from working overtime without specific written authorization from their supervisor. Our policy manual provides that employees will not be compensated for overtime hours worked unless they comply with this policy. Can we legally refuse to pay our employees for unauthorized overtime? …

Use patience when disciplining employee who requested FMLA leave

07/28/2008
Some employees who are having performance problems think taking FMLA leave will stop any pending disciplinary action. But an employer doesn’t need to hesitate to discipline if it can show that the employee really does deserve the discipline. But don’t jump the gun …