Discipline / Investigations

4 questions to ask before you issue a write-up

08/21/2016

They’re potential lightning rods for employee anger and potential legal landmines. Before you discipline an employee in writing, ask yourself these questions.

Your best practice: progressive discipline

08/05/2016

In general, using a sensible progressive discipline program and documenting all disciplinary actions will help you justify a discharge—even in the face of apparent prejudice or bias on the part of individual managers.

Are disciplinary records clear and complete? Documentation only works if it’s accurate

08/01/2016

We say it over and over again: Document, document, document! But perhaps a little more clarity is in order: Document accurately, so there can be no doubt that you clearly recorded the details of violations that led to discipline.

Note all details that went into your decision to discipline an employee

07/18/2016

Always record the details of your disciplinary decisions at the time you make them. Document as if you are assuming that litigation will result from every disciplinary act.

Document performance problems even if they are not serious enough to warrant discipline

07/13/2016

Sometimes, an employee’s performance problems may not seem serious enough to warrant a formal performance improvement plan. However, you should be sure to document the problems anyway. Those records will be useful if you later have to terminate someone for economic reasons.

Three investigation lessons learned from a political controversy

07/06/2016

Another day, another political scandal involving a politician accused of having an extramarital affair. Consider the recently exposed allegedly improper relationship between Alabama Gov. Robert Bentley and a top female aide.

Run this anti-theft checklist to secure property

06/28/2016

Employers must have clearly defined anti-theft policies to combat the problem. These guidelines can help you implement a no-theft policy at your organization.

Document all discipline, just in case of lawsuit

06/09/2016

Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.

Keep track of disciplinary timing in case employee alleges continuing violations

06/09/2016

Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.

Make it easy for judges to take your side

06/08/2016

Generally, judges hate having to second-guess management actions. An employer’s decision typically stands if it sounds at all plausible and honest.