• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discipline / Investigations

Not every suspension is retaliation

06/21/2017
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

Invest in a timely, thorough investigation, or prepare to pay big damage award

06/12/2017
When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

Past discipline record beats retaliation claim

05/17/2017
Here’s another good reason to consistently document all disciplinary actions: If an employee with a history of problems such as rules violations later engages in protected activity, it will be hard for him to show that the discipline was retaliation for engaging in that protected activity.

Purged disciplinary record doesn’t mean it can’t be considered in future litigation

05/16/2017
Acourt considering whether an employee suffered an adverse employment action has rejected the notion that reinstating an employee and expunging his record somehow makes his earlier discharge irrelevant.

After complaint is filed, be sure to justify all discipline

04/25/2017
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.

Document circumstances before discipline, as well as punishment that you imposed

04/25/2017
Generally, if an employer operates in a fair and equitable fashion, there’s very little room for an employee to file and win a discrimination lawsuit. But how can HR know whether supervisors are imposing balanced discipline without regard to race, sex, religion or other protected characteristics?

Court: Indefinite suspension same as firing

04/12/2017
Don’t think that simply suspending someone without pay while you investigate alleged wrongdoing will fly. If the suspension drags on without some sort of resolution, the employee can sue, alleging he or she was actually fired.

Document all details of disciplinary process

04/12/2017
If HR begins receiving multiple complaints about a supervisor, it may be time to demote or even fire him even if he remains convinced that verbal abuse is appropriate.

St. Paul business executive cops plea for felony theft

03/29/2017
Former St. Jude Medical executive Bryan C. Szweda will pay $117,090 in restitution to the St. Paul medical devices company following a plea deal in which he admitted to stealing $35,000.

Use last-chance agreements to show you’re fair about making termination decisions

03/29/2017
Sometimes, it makes sense to use a last-chance agreement in which an employee agrees that one more violation of a company rule will mean immediate termination.