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Discipline / Investigations

Former aide to Ridge apparently embezzled—again

05/27/2009

Lauretta Simmons was convicted of embezzling $93,500 from then Pennsylvania Gov. Tom Ridge’s campaign in 2000. Ridge went on to become the nation’s first Secretary of Homeland Security. Simmons apparently went on to greater things as well—to the tune of more than $300,000.

Government employers get some backup: You’re free to harshly punish harassers

05/15/2009

If you are a public employer, you know how hard it is to punish an employee. Now the California Court of Appeal has made it a little easier by overturning a Civil Service Commission decision that merely slapped a harasser on the wrist. Now it’s clear that government employers have to take serious measures to end harassment in the workplace.

OK to factor in truthfulness when disciplining

05/11/2009

Sometimes, it isn’t the rule violation that makes a supervisor want to fire an employee, but the way the employee responds when confronted. Some will lie and deny what turns out to be obviously true. Others may ’fess up. You can leniently treat those who do the right thing, while punishing the others.

Note extraordinary offense when you must fire

05/11/2009

You have disciplinary rules for a reason. They tell employees what to expect and guide managers and supervisors so they don’t inadvertently treat employees who belong to a protected class more harshly than others. But disciplinary rules have to be a little flexible—loose enough to let you distinguish between minor infractions and major ones. Here’s how to strike the right balance.

After ARRA, how to handle gross misconduct and COBRA coverage

05/11/2009

In light of the enactment of the American Recovery and Reinvestment Act (ARRA) of 2009, employers have begun re-examining the cases of some employees who were involuntarily discharged for misconduct. The purpose? To determine whether the employees are eligible to receive a 65% subsidy for continuation of health insurance benefits under COBRA.

Investigate in good faith and your credibility call will stand—even if wrong

05/06/2009

When employers investigate discrimination claims, they don’t have to act like courts of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” Don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Check for retaliation before disciplining employee who requested ADA accommodations

05/06/2009

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.

Crack down on association discrimination before it lands you in court

05/06/2009

Does your organization allow or tacitly condone it (by ignoring it) when employees criticize a co-worker who associates with members of a different protected class? If so, you should be aware that disciplining that employee can bring on a lawsuit.

Be sure to document every employee problem

05/06/2009

You never know which employee will sue you, or when. Take, for example, promotion opportunities. Employees who aren’t picked may think the reason was discrimination. Then they sue. How will you support your promotion decisions?

Document discipline investigation steps to show sincerity, lack of discrimination

05/04/2009

Employers that want to make sure their termination decisions stick should carefully track each step of the underlying investigation. That’s the only way they can show a court they acted in a “reasonably informed and considered” way. Here’s how to document your investigation: