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Discipline / Investigations

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Can we discipline an employee for his girlfriend’s actions?

04/18/2014

Q. We have an employee whose girlfriend has come in and wandered through the production floor without permission. We have escorted her out of the building twice in the last month. What are our options if she comes in again? Should we call the police? Is there any way we can discipline the employee because his girlfriend keeps calling in several times a day wanting to talk with him?

Can we compel a former employee to update LinkedIn to show she no longer works here?

04/09/2014
Q. It’s come to our attention that a former employee of ours has not updated her LinkedIn profile after her termination 10 months ago for insubordination. Would we have a cause of action against her?

No need to tolerate personal woes that spill over to workplace arguments

04/09/2014
When bad romance spills over to the workplace, you don’t have to put up with the aftermath. Set strict rules about behavior and don’t tolerate loud arguments, threats or other disruptions.

Randleman, N.C. police officer indicted for larceny

04/09/2014
Before the Randleman Police Department moved to new facilities last Novem­­ber, Chief Steve Leonard ordered an inventory of the evidence room. The tally found that $7,800 in cash was missing.

Make it easy for courts to side with you: After complaint, document all discipline

04/09/2014
Generally, employees who complain are sensitive to possible retaliation—to the point that some sus­­pect retaliation even when it hasn’t occurred. Protect your organization by making sure that you document all subsequent discipline, showing that it was imposed fairly in a way that’s consistent with company policy and your past disciplinary practices.

Medication affecting performance: What to do?

04/04/2014
Q. A long-term employee has been working part time for a year due to double knee replacement surgery. She takes painkillers, but not during work hours. Recently, she’s displayed poor judgment, doesn’t concentrate well and sometimes shakes all over. We’re concerned she may be addicted to the painkillers. We reassigned her to a job that carries less risk. What can we legally do to address this?

Cash is king for light-fingered workers

04/01/2014
Almost two-thirds of small businesses have been victims of employee theft, and 40% of the time, the employee took money, according to University of Cincinnati criminal justice researcher Jay Kennedy.

Does Minnesota require allowing time off for employees to attend school activities?

03/25/2014
Q. One of our employees came in two hours late today, without an advance call. When he got here, he told his supervisor that he needed “school leave” for the morning. Can we discipline him for being late?

No matter how complicated the firing, have a rational explanation for decision

03/25/2014
A messy termination doesn’t have to mean losing a subsequent lawsuit. Just be proactive, figure out what happened and document the underlying discharge reasons. They’re probably in plain sight, despite the drama.