Discipline / Investigations

Is it time to ban swearing in the workplace?

08/25/2010

Should you establish a zero-tolerance ban on swearing in the workplace? It’s probably not realistic and you may set yourself up for discrimination claims if you clamp down on one employee’s slip-up but not another’s. Instead, establish more general rules that say offensive language and other disrespectful conduct are not permitted, and violators will be subjected to the discipline policy.

When firing, choose words carefully, stick to performance

08/23/2010

Employees who have just lost their jobs usually leave their termination meetings in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the following case, one inflammatory phrase from a supervisor can spark a lawsuit.

Outrageous co-worker harassment? 4 quick actions can help you avoid liability

08/20/2010

It’s going to happen eventually: An employee will report egregious behavior that is clearly sexual harassment. If your organization is lucky, the harasser will be a co-worker, which means you will have a shot at mitigating the damage with quick action. Here’s what to do when the co-worker harassment call comes in:

When co-workers engage in racial harassment, act fast to remove offensive symbols

08/13/2010

Employers can escape liability for employees’ racist actions if they can show they acted quickly to stop any potentially race-based harassment such as graffiti or offensive symbols.

Checking up on alleged leave abuser? Document why you suspect particular employee

08/06/2010

Do you think some employees may be taking advantage of your paid leave plan? If so, it’s OK to set up a surveillance program to catch the worst offenders. Just make sure you document why a particular employee’s behavior is suspicious. Good reasons to check up include “coincidental” timing like absences clustered around weekends or holidays.

Must we pay workers who have been suspended?

08/06/2010

Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave?

$6 million fraud scheme earns five years in prison

07/30/2010

Chad Jurgens of Big Lake will spend the next five years in the big house after admitting to scheming to defraud his employer, computer hard drive manufacturer Seagate Technologies.

Kucinich & Fudge ask for DFAS investigation

07/30/2010

U.S. Reps. Dennis Kucinich and Marcia Fudge, members of Congress from Ohio, have asked the Acting Comptroller of the United States and the Inspector General of the Department of Defense to investigate allegations of racial discrimination at the Cleveland facility of the Defense Finance and Accounting Service (DFAS).

Unbiased investigation stops retaliation suits

07/23/2010

Complaining about things like pay disparities and other alleged acts of discrimination doesn’t make an employee immune from discipline. But if the timing between the complaint and the discipline is too close, watch out for a retaliation lawsuit. Make sure that doesn’t happen by setting up a process in which disciplinary recommendations are based on an independent investigation.

Suspect employee crime? Call the cops already!