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Discipline / Investigations

How to avoid the top 5 employment law mistakes employers make

10/03/2011
Failing to effectively communicate with your employees isn’t just bad for business. It also can create legal trouble. Here are five of the most common errors that land employers in court. As you’ll see, communication lies at the heart of all of them.

Remind managers to track verbal discipline, too

09/23/2011
Employees don’t go from good to terrible instantly. There is usually a slow and steady decline. Be sure that the process is carefully documented, right from the very first verbal warning.

Don’t let fear prevent firing of whistle-blower: Your complete records will back you up

09/23/2011
Some whistle-blowing employees think they can’t be disciplined if they report alleged wrongdoing to authorities or upper management. That’s not true. Employers can always discipline employees who break rules or perform poorly. The key is fairness and equal treatment.

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.

Worker wants transfer? Show she requested it

09/23/2011

Poor performers facing disciplinary action may despair when they realize they can’t improve fast enough to avoid termination. Often, that’s when they request a transfer to another open position within the organization. But before you agree to a transfer, be sure to demand the employee’s request in writing and outline exactly why the transfer is being arranged.

Former state revenue employee sentenced for tax fraud

09/23/2011
It’s always good to have someone on the inside. At least that’s how Nancy and Laurie Sondrall must have felt. Nancy’s sister and Laurie’s aunt, Pamela Marie Dellis, was providing them with ill-gotten booty from the Minnesota Department of Revenue.

Cincinnati union leader faces jail time, fines for fraud

09/23/2011
Former Cincinnati city employees’ union president Diana Frey has pleaded guilty to federal charges of embezzling more than $750,000 from the Cincinnati Organized and Dedicated Employees (CODE) union.

Exhibit A: Avoid the 3 most common documentation mistakes

09/23/2011

“Document, Document, Document.” Employment attorneys say it all the time. The quality of your documentation relating to performance management and discipline goes to the heart of your credibility as a manager or HR professional. Anything less and your documentation becomes Exhibit A for the plaintiff.

Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR

09/09/2011

Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.

Investigations: How to solve the classic ‘he said/she said’ impasse

09/07/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.