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Wisconsin

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.

When employee disobeys, document insubordination

01/02/2011
You can and should discipline employees who refuse to follow directions. Just make sure you document the insubordination.

Track discipline by type, punish everyone fairly

12/09/2010

Employers that mete out similar discipline for similar kinds of misconduct rarely lose subsequent lawsuits, even if the court considering the case thinks the punishment was excessive or a poor business decision. What matters is evenhanded application of the rules, not whether the rule is good or bad.

Are government workers protected against bias based on marital status? 7th Circuit passes

12/09/2010

Public employees have rights that private-sector employees don’t, including exercising constitutional rights like free speech and due process. That’s because constitutional rights apply to government actions. But do public employees enjoy the right to be free from retaliation based on marital association? Faced with that question, the 7th Circuit recently punted.

Take careful notes during all exit interviews

12/09/2010

Employees often reveal their true feelings during an exit interview, and they frequently wind up burning bridges in the process. Smart employers take notes during exit interviews, especially if they hear something that makes them wonder whether the employee should ever have been hired in the first place, let alone rehired for any future openings.

Spot supervisors’ hidden bias by monitoring daily stream of info flowing into HR

11/26/2010

Is a tendency toward discrimination hiding within your management ranks? If so, you may be courting real trouble. You need to ferret it out as soon as possible. But how? Obviously, few supervisors will openly advertise their bias. But you may be able to spot it in the reams of information that routinely flows into HR.