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Discipline / Investigations

Don’t Ignore—or Make Light of—Harassment Complaints

09/01/2007

Remind supervisors, managers and HR staff: Don’t brush off or make light of sexual harassment complaints. Doing so can just add more fuel to the fire. When employees are ignored, they may begin to see every slight that comes their way—getting the cold shoulder at meetings or missing out on promotions—as retaliation for voicing their concerns about sexually hostile behavior. And that can make them much more likely to file lawsuits against your company …

HR investigations must go beyond supervisor suggestions

09/01/2007

When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a  complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies …

Violence puts Six Flags on the defensive over youth hiring

09/01/2007

Six Flags says it probably will reevaluate its employee screening process in the wake of an attack on a teenager on park property this past summer. Three seasonal employees have been arrested for participating in the beating of a 19-year-old Marietta man just outside the park.

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

Customer complaint can be basis for discipline

09/01/2007

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision …

Do you know whom you’re disciplining?

09/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Discipline: Step-by-Step

09/01/2007

Q. What is progressive discipline? …

Whistle-Blowers held to letter of the law

08/01/2007

The Ohio whistle-blower law protects employees who report wrongdoing from retaliation. But that doesn’t mean employees can add a whistle-blowing claim every time they sue after being discharged …

Same rule, different punishment OK if you can justify

08/01/2007
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