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Discipline / Investigations

Set clear, fairly enforced rules on behavior to trump ‘my disability made me do it’

07/24/2009

Some employees with genuine disabilities think they can use their health conditions as excuses to break workplace rules regulating behavior. They can’t, if managers genuinely believe the employee violated the rules, and those rules are clear and equitably enforced.

When supervisor makes stupid comment, make sure you can justify discipline

07/24/2009

When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.

Beers, tears, almost 2 years: Thief apologizes to employer

07/24/2009

Paul Lesko was contrite when he appeared in Cumberland County court for sentencing following his conviction of embezzlement. While working for Westy Beer Distributor in Hampden Township, Lesko had taken more than $7,625 from owner James Yaple.

How can we legally combat tardiness?

07/24/2009

Q. Some of our admin assistants are good employees, but they’re constantly late. What can we do to get them to come to work on time?

Allow religious days off if at all possible

07/24/2009

Employers are required to reasonably accommodate employees’ religious beliefs. That can include adjusting work hours, such as not scheduling employees to work on worship or holy days. Never punish an employee who tells you he must miss work for religious reasons unless you have considered possible accommodations.

Make sure employees understand policy and process for reporting sexual harassment

07/24/2009

Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.

Keep digging: EEOC complaint might not tell the whole story

07/24/2009

When you receive an EEOC complaint, investigate what other claims the employee, applicant or former employee could potentially bring. Courts have been granting more latitude to throw additional accusations into EEOC complaints after the fact.

Separate the ‘conduct’ from the disability

07/20/2009

Some disabled employees have the mistaken notion that their disabilities give them a pass that excuses unacceptable behavior. However, there’s no duty to accommodate what is essentially conduct. For example, employers don’t have to tolerate an alcoholic who shows up at work disheveled and reeking of alcohol or someone with a mental disorder who threatens to harm co-workers.

What would you do? Employee claims harassment but won’t identify alleged culprit

07/20/2009

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

Workers’ comp carrier saga ends with $37 million settlement

07/17/2009

The commissioner of California’s Department of Insurance has reached a $37.3 million settlement of four lawsuits stemming from Fremont Indemnity Co.’s 2003 bankruptcy.