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Discipline / Investigations

Third-Party harassment: The next frontier for New Jersey courts?

07/28/2008
New Jersey courts have long been in the forefront of employment discrimination law. The question is: How far will they go next? One likely path is to expand liability for sexual harassment committed by a nonemployee …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

IT workers said the surfing was better at work

07/25/2008
Two employees at North Carolina Central University and one at North Carolina State University have been fired for downloading pornography. The workers also downloaded movies, music, games and software. One of the workers allowed a friend to use his university-owned computer to download music …

What to do when employee is caught stealing

07/25/2008
Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? …

Workplace bullying by managers: Unpleasant, but is it illegal?

07/24/2008
According a recent Zogby International survey, 37% of U.S. workers report that they’ve been bullied at work. Not surprisingly, they say, the overwhelming majority (72%) of bullies are bosses. Workplace bullying is harassment that’s not necessarily based on an employee’s protected characteristic, such as gender or race. But, unlike harassment based on a protected class, bullying may not be illegal …

The 5 rules for documenting HR decision-making

07/24/2008

The best way to prevent lawsuits is to carefully document every employment decision. HR professionals and supervisors should be able to show exactly when a decision was made, who made it and what the basis for the decision was …

Is that leave legit? You can discipline for FMLA ‘Vacation’

07/22/2008
Do you suspect that some of your employees take FMLA leave for something a little less serious than tending to the health care needs of themselves or their relatives? If so, here’s some good news: You can and should check up on suspicious FMLA usage …

Hold onto those notes! Even accidental destruction can mean trouble

07/21/2008
You know it’s crucial to document all disciplinary actions. No doubt, you’ve told managers and supervisors to keep all notes, memos and other paperwork. Those records could be invaluable later if you ever need to show that all your disciplinary decisions were based on good business judgment, performance and other legitimate and relevant reasons …

Investigate even when employee complains belatedly

07/14/2008

When it comes to reporting sexual harassment, employees have an obligation to use their employer’s complaint process, even if doing so may be uncomfortable. If they don’t, they may lose the right to sue for a hostile work environment. But what happens if an employee has tolerated mild harassment for years without complaining? …