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Discipline / Investigations

Make it easy for courts to see your side–investigate thoroughly before disciplining

02/15/2011
Courts don’t expect employers to set up the equivalent of a judicial system for disciplining employees. They just want to see a reasonable effort to ferret out the truth.

Make training for managers an essential part of your sexual harassment policy

02/15/2011
It does no good to have a sexual har­assment policy if managers don’t know how to enforce it. Without regular manager training on how to respond to complaints, you might as well not have a policy.

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.

Office romance: Don’t ban it; manage it

02/15/2011

Valentine’s Day may have come and gone, but love might still linger in the air at your workplace. If so, watch out! When office romances sour, scorned lovers often turn to the courts to allege that a former lover was a sexual harasser. Here are three tips to help make sure Cupid’s arrow doesn’t harm your organization.

The key is consistency: Make sure similar infractions are subject to similar punishment

02/15/2011

Employees who break rules usually expect to be punished. But they also expect to be treated fairly. Most understand that employers shouldn’t punish one employee more harshly than someone else who committed the same infraction. And if that other employee belongs to a different protected class, savvy employees know that attorneys will be lining up for a chance to file a discrimination lawsuit.

How can I discipline exempt staff for poor work?

02/15/2011
Q. After the holidays, our hourly employees returned to pre-holiday productivity. But our exempt employees didn’t. What can I do since their salaries aren’t dependent on how many hours they work?

Log customer complaints to back up discipline

02/11/2011

Customers may not always be right, but employers can’t ignore their reasonable and lawful complaints. Remember, you need to document those complaints at the time they happen—especially if it seems like a customer complaint might lead to employee discipline.

Prep for firing with honest investigation

02/11/2011

Courts don’t like it when employees are treated unfairly. On the other hand, judges don’t want to serve as HR courts, either. That’s why they generally defer to management decisions that seem fair and honest. Judges prefer it when employers investigate allegations of employee wrongdoing before they fire someone—but they don’t require that the investigation be perfect.

Put a stop to harassment ASAP–fast action now prevents liability even years later

02/10/2011
Sexual harassment sometimes grows slowly, starting out fairly innocuously before accelerating to behavior that creates a truly hostile work environment. Courts understand that and have created a specific legal doctrine to help harassed employees—the continuing violation doctrine.

With harassment, punishment should fit crime

02/10/2011

Employers sometimes assume they have to harshly punish every incident that violates their sexual harassment policies—which often means termination. That isn’t necessarily so. You can differentiate between various kinds of conduct that fit your definition of harassment, but clearly aren’t equally severe.