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Discipline / Investigations

Exclude FMLA leave from attendance discipline

03/29/2012

Here’s a basic way to avoid FMLA trouble: Before punishing an employee for poor attendance, double-check whether any of the time she’s missed was for FMLA leave. That way, there’s no question about whether FMLA leave was a factor in discipline.

Key to quick lawsuit dismissals: Clear documentation of discipline decisions

03/01/2012
It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.

Workers’ comp official charged with bribery

03/01/2012
Employers are always looking for ways to reduce their workers’ compensation costs. Maybe making off-the-books payments to a state official isn’t the best way to go about it …

Boss has ‘history’? Investigate independently

03/01/2012

When you have to investigate allegations that may lead to termination, it’s a good practice to conduct that investigation as independently as possible. That often means you will have to leave out of the picture any supervisors who have a negative history with the employee.

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.