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Wisconsin

Remind supervisors: Constructive criticism is expected–not an excuse for employees to sue

09/02/2011

Some employees are overly sensitive. They may perceive punishment or discrimination in something the boss considers merely constructive criticism. Tell supervisors: Don’t shrink from offering criticism, even in the case of a high performer who otherwise has earned a good evaluation.

What not to say: ‘Playing the race card’

08/11/2011

Some comments spell nothing but trouble. That’s why you should ban them from the workplace, at least when spoken by anyone holding a super­visory role. One of the most inflammatory statements: the all-too-common “playing the race card.”

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Back up consistent discipline system with documentation, review of high-stakes cases

07/22/2011
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.

7th Circuit clamps down on deadbeat serial litigant

07/13/2011
The 7th Circuit Court of Appeals has barred a woman from filing any new civil lawsuits or renewing old ones anywhere in the circuit until she pays fines various courts have already levied.

Employee isn’t completely reliable? OK to consider that when making promotion decisions

07/13/2011

Sometimes, it becomes clear early on that you can’t count on a new employee. He begins missing work or simply isn’t available when you call him in for extra hours. Most supervisors who find themselves in that situation will just call a more reliable employee instead. That’s perfectly fine in most cases.

Factor in employee discretion when tech changes start to affect FLSA classifications

07/13/2011
As the world of work becomes more technologically driven, some employees are seeing their job responsibilities change. Those jobs may then change from hourly to exempt under the FLSA.

Let investigation guide harassment punishment

06/17/2011

Not every workplace incident involving offensive conduct between employees has to end in termination. Employers can and should base their response on the circumstances uncovered during an investigation. For example, the first time an employee uses offensive language, the appropriate remedy may be a stern warning. On other occasions, when it’s impossible to tell who said what, the proper response may be to counsel both parties.

Chicago firefighters’ case burns on–focus still on allegedly biased promotion tests

06/10/2011
The litigation over promotion tests for Chicago’s firefighters is by no means over, despite a 2010 trip to the U.S. Supreme Court. The case is again working its way through the legal system—something that carries a lesson for all employers.

When misbehavior demands termination, it’s best to stick with one reason for firing

06/10/2011
Here’s an important reminder to heed when you must discipline employees: If an employee commits a major rule violation that justifies termination, rely on that reason alone. Resist the temptation to pile on additional reasons. It may make defending a lawsuit that much easier.