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Discipline / Investigations

7 tips for documenting employee discipline

03/01/2004
You need to be careful when writing up employees for disciplinary reasons. To protect yourself and the organization, follow these guidelines when documenting employee discipline.

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

Use software to block employee music downloads

02/01/2004
Just one hip-hopping employee downloading tunes can sap your computer resources, expose you to legal problems and kill productivity. Advice: Make sure your computer-use policy prohibits music downloads and outlines punishments. …

No need to get employees’ OK before misconduct investigations

01/01/2004

Good news: Your organization no longer has to notify employees suspected of workplace misconduct that they are targets of third-party investigations. That’s because Congress recently reauthorized the Fair Credit Reporting Act …

Don’t take a manager’s word that he’s not retaliating

01/01/2004
Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …

React quickly to employee threats

01/01/2004
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be …

Don’t expect employees on FMLA leave to stay in bed

01/01/2004
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …

No need for OK before misconduct investigations

01/01/2004

Good news: You no longer have to notify employees suspected of workplace misconduct that they are targets of third-party investigations. Congress recently altered the Fair Credit Reporting Act (FCRA) …

Don’t expect those on FMLA leave to ‘stay home and shut the blinds’

12/01/2003
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing …

Workplace gossip doesn’t count as protected speech

12/01/2003
Americans can speak their minds as they wish in many places, but your workplace isn’t one of them. First Amendment free-speech rights do not extend to the private workplace. So don’t …