Discipline / Investigations

Good-faith investigation of harassment cuts your liability risk — even if you were wrong

04/05/2010

Employers sometimes try to avoid taking sides when they learn of possible sexual harassment out of fear that one of the employees involved will sue. Then the situation escalates, and they end up in court anyway. The only realistic employer response: Be prepared to make tough decisions. Investigate the claim.

Is your employee discipline fair? A 5-question self-test

03/30/2010

Whether it’s deserved or not, the perception that management is “against” employees, once earned, is difficult to shake. That’s why it’s so important for supervisors and HR to treat all employees fairly and consistently at all times, especially when it comes to discipline. These five questions can help managers gauge whether their discipline is fair. BONUS: 7 tips for documenting your disciplinary process.

How to handle a lying employee

03/22/2010

Q. We have an employee who tells his boss he has finished projects when he really hasn’t. Frankly, half the time we don’t believe him when he says something. What can we do?

Misconduct inquiries: What workers ask & how to answer

03/17/2010

To conduct misconduct interviews that don’t provide legal ammunition to the employee, come prepared with answers to tough-but-valid questions that employees may ask during the investigation. Here are some of the most difficult questions along with responses that can protect you legally.

Must employers use progressive discipline?

03/10/2010

Q. Under our progressive discipline policy, employees receive an oral warning, a written warning, suspension and finally termination. If an employee’s conduct is severe enough to warrant termination upon the first offense, can we fire the employee right away, or must we follow this progressive discipline policy?

Chicago secretary accused of bilking boss out of $900,000

03/09/2010

A legal secretary for a Chicago law firm has been charged with paying herself almost $900,000, using checks drawn against her boss’s money market account. She allegedly made the checks payable to her and then signed them using the attorney’s signature stamp.

Fire away if defiance follows discipline

03/05/2010

Some employees don’t respond well to corrective discipline. They may become angry and combative. You don’t have to put up with that sort of behavior. In fact, you can use that reaction as a valid termination reason.

Follow 4 keys to legally manage employee absenteeism

03/04/2010

The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. What’s the best way to combat the problem? With a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Managing today’s workforce: Teenagers and sexual harassment

03/04/2010

Federal and state laws that protect employees in general also protect young people in the workplace. But because of their youth and inexperience, teenage employees may be more vulnerable to harassment than other workers. The EEOC has launched the “Youth at Work” initiative in response to several high-profile teen sexual harassment cases.

When supervisor’s harassment is serious, make sure the punishment fits the crime

02/26/2010

Employers that don’t take swift action when they learn of possible harassment have only themselves to blame. Being too timid when it comes to punishing the supervisor is not a good idea. Whatever you do, don’t even think about transferring the harassed subordinate into a position with fewer responsibilities. Instead, move the harasser—or even terminate him.