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Discipline / Investigations

Don’t retaliate against employees for controversial public opinions

05/01/2005
If your organization does business with any government entity (from a state agency to a local school board), be wary of allowing government officials to become involved in your employee discipline …

Train all supervisory employees how to spot and take complaints

05/01/2005
Don’t think that you can automatically swat away a pesky sexual-harassment suit by saying the complaining employee didn’t follow your complaint procedure to a “T.” Courts may let employees pursue their …

Don’t ‘get tough’ on certain staff; tie punishment to crime

05/01/2005
Issue: Supervisors tend to be quicker in disciplining employees that have given them trouble in the past.
Risk: Singling out certain “troublemakers” for discipline can spur a retaliation lawsuit.
…

3 provisions NOT to include in your sexual harassment policy

04/01/2005
Some judges interpret policies, including those on sexual harassment, as enforceable contracts between employer and employee. To prevent charges that you didn’t live up to your side of the bargain in …

The 3 things NOT to say in your sexual-harassment policy

04/01/2005
Issue: The words you leave out of your sexual-harassment policy are as important as those you put in.
Risk: Imprecise, or too precise, wording can paint you into a corner …

How your management style can stop workplace violence

04/01/2005
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When handing out discipline, make punishment fit the crime

03/01/2005
Managers may want to “get tough” on employees who have given them trouble in the past. But, as the following case shows, employees can sue for retaliation if they can prove …

Remind managers to prevent ‘off-the-clock’ work

03/01/2005
Telecom giant Cingular settled a Labor Department audit last month by paying $5.1 million in back wages to more than 25,000 customer-service reps and agreeing to create a new time-reporting review …

Employee can’t ‘play nice’ with others? He may be ‘disabled’

03/01/2005
Issue: Which mental impairments are considered “disabilities” covered by the ADA?
Risk: An employee’s troubles interacting with co-workers may, by itself, allow the employee to claim disability status.
Action: …

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …