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Discipline / Investigations

Disciplining employees under the modern employment laws

10/01/2007

Ask employers what their toughest challenge is, and they probably will mention discipline. It seems no one likes to play parent in the workplace. On the other hand, there’s no way to avoid it …

4 strategies can put a stop to unauthorized overtime

10/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to a policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …

 

How to prevent employees from abusing PTO leave

10/01/2007

A reader of our e-mail newsletter, HR Weekly, recently posed this question to the e-letter’s Q&A Forum section: “We allow employees to take paid time off (PTO) in hourly increments, but they often use PTO when running late in the morning or for unexpected ‘appointments.’ How can we get a rein on our PTO leave?” …

Fair discipline process is key to avoiding lawsuits

10/01/2007

Do you have an employee who grates on everyone’s nerves and makes unreasonable demands on subordinates? Are you afraid to discipline the employee because he or she belongs to a protected class (e.g., race, age, sex)? Fear no more! As long as you use a fair process to correct the employee’s shortcomings, chances are he or she won’t win a lawsuit …

Steelworkers drop discipline against Goodyear strikebreakers

10/01/2007

The United Steelworkers have dropped disciplinary action against four former members who defied the union’s three-month strike at the Goodyear Tire & Rubber plant in Akron this summer …

Speedway SuperAmerica prevails on retaliation charges

10/01/2007

Speedway SuperAmerica, the Enon-based convenience store chain, won a recent sexual harassment and retaliation lawsuit by a former cashier in a West Virginia store. The cashier alleged that she endured repeated sexual harassment by a co-worker. Shortly after complaining, she came up $200 short on her cash register. The company did not accuse her of stealing, but fired her …

Separate the decision-Maker from the investigation

10/01/2007

When it comes to internal investigations looking into potential wrongdoings, it’s a good idea to put a wall between the investigator and the ultimate decision-maker. The investigator should present the facts of the case and leave drawing conclusions and deciding discipline to someone else …

Is everyone in your company treated equally? Here’s how to track

10/01/2007

Do you have ready access to your organization’s discipline records? Can you say with certainty that everyone charged with the same misconduct receives the same punishment? Or is there bias hiding in those records? The best way to check is to group discipline by type of misconduct and punishment …

Public supervisors who report fraud are immune from defamation claims

10/01/2007

Good news for supervisors who work in the public sector: Reporting suspected fraud and workers’ compensation abuse won’t lead to losing a defamation case. Nor will commenting on the possibility that someone is facing criminal charges for fraud. That’s true even if the employee suspected of wrongdoing is cleared entirely and the accusations were largely unfounded …

‘Rubber stamp theory’ applies to Civil Service decisions, too

10/01/2007

Employees who claim they were fired illegally and whose jobs are protected by the Civil Service Act can win their lawsuits—if they can prove the Civil Service Board merely rubber-stamped a supervisor’s discriminatory decision. Until now, it was unclear whether that was the case …