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Discipline / Investigations

Always assume termination will be challenged

03/01/2012

Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.

Former employees to collect overdue profit-sharing funds

02/27/2012
Mentor-based North Coast Wood Products has settled a Department of Labor lawsuit alleging the company’s owner illegally diverted money from 11 participants in the now-defunct company’s profit-­sharing plan.

Just worried about discipline? Employee can’t sue yet

02/27/2012
Employees won’t get far if they try to sue their employer over discipline that has yet to occur.

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

OSHA’s Whistle-Blower Program

02/18/2012

HR Law 101:  OSHA’s special whistle-blower program is designed to protect workers who report employer wrongdoing or dangerous conditions. Under the program, employers may not retaliate or discriminate against workers who file complaints with OSHA …

Tell bosses: Follow 3 cardinal rules to document discipline

02/02/2012

To be successful, employee feedback should be routine, not a once-a-year event. In the same way, managers should make documentation of employee performance, behavior and discipline a regular habit. But how managers document their observations can mean the difference between winning and losing, should an employee ever decide to take you to court.

Is there a way to ensure sensitive investigation records remain confidential?

02/02/2012
Q. One of our employees has just filed an internal complaint claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?

Beware defamation claims based on discipline write-ups

02/02/2012

Remind supervisors and managers to stick with verifiable and documented facts when writing up an employee for poor performance, a mistake or other disciplinary matter. That’s because a false write-up could be grounds for a later defamation lawsuit.

Carefully review sudden claims of disability during discipline

02/02/2012

Some employees, forced to confront poor work habits, workplace mistakes or other disciplinary problems, decide to tell their employers that they have a disability. Don’t take the bait.

Be sure to document the effective date of all new disciplinary policies

02/02/2012
When you change a disciplinary policy, make sure you document exactly when the change went into effect. That way, an employee who is punished more severely can’t point to the earlier disciplinary actions as evidence he was unfairly singled out.