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Indiana

To catch a thief, first document suspicions

03/18/2011

Employee theft is a big problem for some employers. Even so, don’t make the mistake of accusing someone unless you have solid evidence he is the culprit. Instead, document your suspicions and consider whether to call police or conduct your own investigation. Then, try to catch the thief in the act.

Federal disability law doesn’t cover security screeners

03/14/2011
The 7th Circuit Court of Appeals has ruled that airport security screeners are not covered by the federal Rehabilitation Act. That means that the TSA doesn’t have to consider disabled applicants or accommodate those who may become disabled while working for the agency as security screeners.

When manager recommends firing subordinate, investigate to make sure bias isn’t a factor

02/25/2011

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

Setting sound policies, following processes to a ‘T’ increase odds of winning in court

02/18/2011

Employers that follow their own disciplinary process—even in cases involving difficult employees—benefit if those employees sue. When courts see a reasonable disciplinary policy that is applied evenhandedly, they rarely second-guess an employer’s decision to fire an employee.

Alcoholism: a disability; drunkenness: a firing offense

02/11/2011
Alcoholism may be a disability, but that doesn’t mean alcoholic employees can get away with showing up at work a little tipsy.

Track potential disciplinary problems as they occur

01/21/2011
For most problem employees, deteriorating behavior and performance is a gradual process. Smart employers track the downward trajectory along the way.

When employee claims co-worker harassment, investigate promptly, act reasonably

01/14/2011
If you respond quickly to sexual harassment complaints involving co-workers, you’ll seldom have to worry about coming out on the losing end of a sexual harassment lawsuit. As long as you respond reasonably, courts will defer to your best judgment—especially if the problem seems to have been resolved.

Try your best, but don’t worry that honest mistakes will cost you a lawsuit

01/14/2011

Courts don’t want to be surrogate HR directors. That’s why they don’t insist that employers do everything exactly right. Courts understand that employers can and do make mistakes. As long as those mistakes aren’t excuses to cover up illegal discrimination, they won’t be the basis for a successful lawsuit.

Court faces facts: An expression or disapproving look doesn’t prove discrimination

01/14/2011

News flash: Some employees are unduly sensitive. They see every gesture or look as proof that their co-workers or supervisors dislike them because of some protected characteristic. Fortunately, the 7th Circuit Court of Appeals has rejected facial gestures and expressions as direct evidence of discrimination.

When employee threatens, you can and should discipline–regardless of reason

01/03/2011

Employers and employees have the right to a safe work environment free from violence or direct threats of harm. Punishing an employee who puts others in danger or creates widespread fear is not only appropriate, but essential. That’s true regardless of the underlying reason for the threatening behavior. You can discipline the employee, no matter why he misbehaved.