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Discipline / Investigations

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Documenting ‘In Case of Litigation’ Isn’t Proof of Job Bias

12/01/2006

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? …

Don’t dock hours from salaried employee’s pay

12/01/2006

Q. We have a salaried employee who holds down a second job. Sometimes, she leaves early on Fridays and comes in late on Mondays because the second job overlaps with our office hours. Can we deduct anything from her pay after she has used up her vacation and leave time? Or do we have to pay her even though she leaves early and comes in late? —D.J., Virginia

Set firm moonlighting policy; punish violators equally

12/01/2006

You have the right to prohibit employees from engaging in other gainful employment while at work. But can you (or should you) ban off-the-clock moonlighting? And when should you discipline employees for moonlighting? …

Sudden vigilance of company rules can look like retaliation

12/01/2006

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation …

Employees criticizing the firm? Where to draw the line

12/01/2006

Execs and supervisors may bristle at criticism from employees and instinctively want to punish offenders. But that apparent insubordination can sometimes be considered protected speech under federal or state law. Knowing what’s protected and what’s not is key …

When disciplining employees, equality is vital

12/01/2006

The mantra in real estate is “location, location, location.” But the mantra in employee discipline must always be “consistency, consistency, consistency” …

Should we require harassment claims be in writing?

12/01/2006

Q. Our new plant manager wants me to revise our sexual harassment policy to require that complaints be in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

How to prevent employees from abusing PTO leave

11/01/2006

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

Tardiness Can Count as ‘Misconduct’ That Bars UI Benefits

11/01/2006

Under Florida law, employees who are fired can’t collect unemployment compensation if you fired them for "misconduct."  Unfortunately, the law doesn’t clearly define misconduct …