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Discipline / Investigations

What you need to know about Florida’s new Guns at Work Law

07/14/2008
Last April, the Florida Legislature passed the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008. Many call it by a much less official name: the Guns at Work Law. The law expands employees’ rights to transport lawfully registered firearms in their vehicles even if they are traveling to work …

Investigate harassment even if employee complains belatedly

07/11/2008
What happens if an employee has tolerated mild harassment for years without complaining and then the behavior escalates? If the employee stops work, takes disability leave and then files a sexual harassment complaint, what should you do? …

Palace employee allegedly makes off with king’s ransom

07/11/2008
Palace Sports & Entertainment is suing a former employee, claiming she used a company credit card to make $1.8 million in unauthorized personal charges. Amy McDonald, a former accounting manager, was authorized to use the card for business purposes …

Gaming board compliance wars lead to suspension, lawsuit

07/11/2008
Patrick Devlin, a compliance officer for the Michigan Gaming Control Board and a former assistant attorney general, has a history of what the board has delicately termed “noncompliance.” Since 2003, Devlin has filed at least 19 grievance appeals with the Civil Service Commission …

How far can MDCR investigation go?

07/11/2008
Q. Our company is responding to a charge filed with the Michigan Department of Civil Rights (MDCR). The allegation relates to management’s treatment of one employee. However, during the investigation, the MDCR  asked us to produce various unrelated records—for example, promotion records. The charging party has made no claim that he was discriminated against with respect to any promotion. He has never even sought a promotion. How should we respond to this request? …

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …

You get to decide what punishment fits the crime

07/08/2008
When it comes to disciplining employees who break company rules, courts like to keep their hands off employer decisions—as long as everyone who breaks a particular rule receives the same punishment. But courts rarely have problems with the rules companies create and the punishments companies assign to particular rules …

Employee should have given firm a chance to stop harassment

07/08/2008
Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him. Kelley reported the incident to the company’s operations manager …

During union drive, don’t unfairly target pro-Union employees

07/07/2008
Nothing will escalate an already tense workplace during a union-organizing drive and subsequent election than punishing pro-union employees. While you can certainly continue with any evaluations or disciplinary actions that are warranted, beware of targeting anyone involved in the union push …

Teacher fired for burning cross on student’s arm

07/07/2008
The Mount Vernon City Schools’ Board of Education has moved to terminate a middle school teacher accused of burning a cross into a student’s arm. Over the years, school board officials have reprimanded Freshwater several times for refusing to remove his Bible from his classroom desk and teaching creationism alongside evolution …