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Discipline / Investigations

Workplace violence: Florida law opens liability beyond workers’ comp


Twelve percent of all violent crimes committed in the United States occur in the workplace. And Florida employers face unique legal challenges in their response to such violence …

Good news: Liberal definition of retaliation applies only in certain retaliation cases


In a landmark ruling last summer, the U.S. Supreme Court made it easier for employees to sue their employers for retaliation. But employers in Georgia and others in the 11th Circuit can breathe a sigh of relief when it comes to this ruling

Savannah police chief sued; ‘paramour favoritism’ at issue


In a deposition recently released to the public, Savannah Chief of Police Michael Berkow admitted having an affair with a subordinate during his tenure as Deputy Chief of the Los Angeles Police Department (LAPD) …

How to comply with N.J.’s sweeping Whistle-Blower protection law


The New Jersey Supreme Court has described the state’s Conscientious Employee Protection Act (CEPA) as “the most far reaching ‘whistle-blower statute’ in the nation” …

Reversing disciplinary decisions can spark bias lawsuit


If you punished two employees for the same misdeed but only one asked you to reverse the decision, consider the legal ramifications first. If you grant “amnesty” to one employee but not the other, you could trigger a discrimination lawsuit

It’s up to employees to press harassment complaints


While it’s vital to react promptly when employees formally file sexual harassment complaints, what do you do if they approach you informally and don’t want to make a formal complaint? …

How to handle discipline for pregnant employees


Q. We have an employee who was on probation when she became pregnant. What can we do if she continues to have performance problems? —J.J.

‘He said, she said’: Train staff in workplace conflict resolution


What’s a manager to do when faced with conflicting accounts of an argument between employees? An important part of that answer is to resolve the conflict quickly, before it spreads like a cancer through your organization …

Arbitrating Employee Disputes

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What to do when complainer is actually the harasser?


Just because an employee urges you to investigate alleged discrimination, don’t assume you have to treat that person with kid gloves. If it turns out that the complainer was actually the one causing the problems, you can—and should—take action