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Discipline / Investigations

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 …

Back up even minor disciplinary action with solid records

07/02/2008
We’ve said it before and we’ll say it again: Nothing wins lawsuits like good records. Tell all managers and supervisors that HR won’t approve any disciplinary action without a copy of the documentation used to justify the decision …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Bad behavior was the kiss of death for Passaic employee

07/01/2008
Janice Keels joined the Passaic municipal payroll as a judiciary clerk in 1999. Almost immediately, her supervisor noted that she had poor interpersonal skills. For example, Keels complained in May 2000 about a co-worker, saying she would hit her if she had to, and repeating, “I’ll hit her” …

You aren’t required to launch a perfect investigation

07/01/2008
Employers know they have to investigate sexual harassment complaints. It’s the only way to avoid liability in some sexual harassment cases. But your investigation doesn’t have to be perfect—just prompt and reasonable …

Insurance agent charged in DOI investigator’s death

07/01/2008
Michael Howell, owner of Dilworth Insurance Agency in Charlotte, has been charged in the death of North Carolina Department of Insurance (NCDOI) investigator Sallie Rohrbach. Rohrbach was auditing Howell’s agency, which had been dropped by GMAC Insurance for not promptly remitting premiums …

NCA&T employees helped themselves, audit finds

07/01/2008
An annual audit of North Carolina A&T State University found that 27% of scholarships reserved for the Bookstore Scholarship Fund for needy students were awarded to relatives of university employees …

Review all reprimands so they don’t become ‘Adverse actions’

07/01/2008
Even something as routine as a reprimand may end up being the basis for a lawsuit. That’s why someone in the HR department should be in charge of making sure that all disciplinary actions, including reprimands, are applied fairly and evenhandedly …