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Discipline / Investigations

Background checks, employee investigations and the FCRA

05/06/2008
Employers that use third parties (referred to in the law as credit reporting agencies, or CRAs) to perform background checks and investigations need to be aware of the requirements of the federal Fair Credit Reporting Act (FCRA) …

Make sure investigation process doesn’t defame employee

05/05/2008
As an employer, you are obligated to investigate employee harassment and discrimination claims. How you handle those investigations can determine whether you’ll have to prepare for later lawsuits. The problem: allegations that you defamed someone while conducting the investigation …

Track discipline to show equal treatment for all workers

05/05/2008
Insist that managers tell HR when they issue any form of discipline, even an oral warning. That way, there’s a record that you can later use to explain why it only looks like a discharged employee was punished more harshly than others who committed the same offense …

When discrimination charges are possible, investigate thoroughly before firing

05/01/2008
When you fire an employee, you want the decision to stick. You certainly don’t want to use a flimsy reason for discharge and then find out later that other employees regularly ignore your rule. If the former employee is a member of a protected class, that’s a sure recipe for a discrimination lawsuit …

What to do when employee claims the 5th

05/01/2008
Q. We are a private corporation. Recently, we discovered some theft in our operation. We called an employee in for an investigatory interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the 5th Amendment of the U.S. Constitution. What are our choices under such circumstances?…

Diverse workplace can raise reverse-Discrimination risk

05/01/2008
Not many employers discriminate against members of the majority, but that doesn’t mean it never happens. In fact, white employees do file reverse-discrimination lawsuits, claiming they have been singled out for poor treatment or harassment due to their race. Ironically, a work force that is more diverse may be at greater risk for such lawsuits …

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?

Can we discipline an employee for his postings on a social networking site?

04/28/2008
Q. A female sales representative submitted a harassment complaint to HR about comments posted by one of her co-workers on MySpace. Our company’s Internet policy addresses only use of the Internet and personal e-mail in the office. Can we discipline the employee? …

Do you discipline for age-Related remarks? You should

04/25/2008
A supervisor who makes rude or obnoxious comments about his subordinates’ ages might wind up causing an age discrimination lawsuit. That’s one reason you should take seriously all complaints about inappropriate comments—and discipline supervisors who think age is something to joke about …

7 steps for conducting effective workplace investigations

04/25/2008
Inevitably, your organization will have to conduct a workplace investigation. It may be because an employee has alleged discrimination, or perhaps someone has stolen something. Whatever the reason, an investigation is in order—and you have to get it right. An inadequate investigation can do more harm than good …