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Discipline / Investigations

Threat to blow whistle on banking practices not protected


An employee does not gain whistle-blower protection merely by threatening that he will go to the authorities …

No one wins in unprofitable victory for Saginaw police officer


The news keeps coming of high-dollar retaliation allegations involving Michigan police departments …

Discipline employee who refuses to abide by safety rules


Q. One of our shop employees was not wearing his safety glasses during a Michigan OSHA (MIOSHA) inspection, for which the company was cited. Our company has a rule requiring employees to wear safety glasses in the plant. Were we wrongly cited? — T.B.

Discipline process doesn’t have to be ‘Right,’ just honest


If every decision you made on the job when disciplining employees had to be based on absolute truth, the workplace would be paralyzed. So it should come as some comfort to know that courts don’t require you to be 100% correct …

Strong ‘No violence’ policy relies on enforcement

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Investigation should consider all sides of the story


Not every allegation of sexual harassment is well-founded, and some employees may be overly sensitive. That’s why your investigation should consider all sides, including the alleged victim’s reaction and treatment of the alleged harasser. As the following case shows, a thorough investigation may reveal that the problem is with the alleged victim’s perception and his or her response to the alleged harassment …

Discipline for absences even if employee has disability


Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …

No witness needed for disciplinary meeting


Q. I run a large restaurant and employ only nonunion workers. Recently, I called one of the waiters into my office to issue him a warning for arriving late for his shifts. He told me he had a right to have one of the cooks there witness our exchange. Is he right? …

Keeping the work environment safe


Q. What proactive strategies can employers implement to promote a safe workplace? …

Personnel records versus investigation records


Q One of our employees has just filed a complaint with the company claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?