Discipline / Investigations

Ensuring the confidentiality of HR info

08/27/2008

Q. I’m the HR director of a 45-employee company and have one assistant. Due to the firm’s growth, I’m considering giving my assistant more responsibility. My concern: The assistant is very friendly with about 10 other employees, two of which are her roommates. What’s to stop her from divulging information to her friends? I have said nothing to her about my concerns yet. What can I express to her without overstepping her legal rights? …

When janitor was caught reading, IUPUI leaped, then looked

08/26/2008

Last fall, two black employees of Indiana University-Purdue University Indianapolis (IUPUI) objected when they spotted janitor Keith Sampson reading Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan in a campus break room. The cover of the book features white-robed Klansmen and burning crosses …

Is it legal to discipline an employee for tardiness by suspending her without pay?

08/26/2008

Q. I work in HR at a customer call-in center. To make sure we have enough coverage to handle calls, we have a strict tardiness policy. Recently, one of our customer service agents was late for work several days in a row. She is an otherwise outstanding performer and we don’t want to fire her. In the alternative, we would like to suspend her for one week without pay. Is that legal? …

State troopers charge ‘Arbitrary, antiquated’ processes are biased

08/25/2008

Twenty-three black and Hispanic state troopers are suing the New Jersey State Police, alleging bias in promotions, training, special assignments and discipline. The lawsuit claims the department’s promotion system is “an arbitrary, antiquated and subjective process that is skewed in favor of male Caucasians.”

What are the rules on recording an investigative conversation?

08/22/2008

Q. We need to investigate a claim of misconduct against an employee and will interview the employee in person or over the phone. May we record the conversation without telling the employee? …

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008

You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

The New Kind of I-9 I.D. You Must Accept

08/18/2008

U.S.

employers must begin accepting the government’s new wallet-sized passport card—a portable alternative to the traditional passport book—as an acceptable document for completing Form I-9s, the U.S. Citizenship and Immigration Services has announced. Here’s what you need to know about this new form of I.D.

Breaks required—But forcing employees to take them isn’t

08/15/2008

In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them …

Draw the line between ‘tough talk’ and harassment

08/13/2008

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Tracking all discipline makes it easier to defend lawsuits