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Discipline / Investigations

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

08/01/2007

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

08/01/2007
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Investigation should consider all sides of the story

08/01/2007

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

08/01/2007

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

08/01/2007

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

08/01/2007

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

Personnel records versus investigation records

07/20/2007

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?

Doing nothing after complaint leads to nothing but liability

07/01/2007

The most direct route to a hostile-work-environment lawsuit is to ignore complaints. Do nothing and your liability builds with each new complaint …  

Track discipline companywide to show no double standard

07/01/2007

One of the most common employment law claims is the uneven enforcement of workplace rules. The only foolproof way to counter such lawsuits …

Glowing evaluation doesn’t trump insubordination

07/01/2007

Have you worried about discharging an employee who just got an outstanding evaluation? It’s a legitimate concern, but don’t let it paralyze you …