Discipline / Investigations

Is refusing to sign a disciplinary notice itself a reason for further discipline?

11/05/2009

Q. We recently disciplined an employee for poor performance. She did not agree with our assessment and is refusing to sign the memo documenting our discussions. Can we discipline her for her refusal to sign this memo?

Keep memos, other documents leading up to discipline

11/02/2009

You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.

Beware disciplining employees for FMLA-related tardiness

10/26/2009

Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness, as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

Don’t use discipline system to settle old scores

10/22/2009

Do you have a progressive disciplinary system? Don’t short-circuit it!

Record infraction, punishment for every rules violation

10/21/2009

Make a note every time you take disciplinary action against an employee. You need documentation that explains why each employee was punished.

8 keys to effective performance appraisal

10/13/2009

It happens to every manager: You sit down to prepare a staff member’s review and realize you can remember only what the person has done the past few weeks. Supervisors should never rely solely on memory to evaluate employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Here’s how.

Handle supervisor harassment with a good policy, timely investigation and independent review

10/12/2009

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

How to reduce liability for harassment: Do the right thing

10/11/2009

In a case that has simple yet profound lessons for employers, the 7th Circuit Court of Appeals has ruled that an employer wasn’t liable for co-worker harassment—all because the company acted fast and effectively when it discovered the harassment.

Investigate even ‘frivolous’ complaints

10/09/2009

It may be tempting to ignore complaints you suspect are frivolous or unfounded. Don’t give in to that temptation! Instead, investigate the case as you would any other. Then resolve the matter and document everything—including whom you talked to and what they said. It’s the best way to short-circuit a meritless employee lawsuit.

Can we require employees to get flu shots?

10/06/2009

Approximately 3 million doses of the vaccines designed to prevent the H1N1 flu virus—swine flu—shipped last week. Local health authorities are preparing to offer vaccines as early as this week. Can you—should you?—demand that your employees get flu shots?