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Discipline / Investigations

Back up discipline with details from your investigation

05/28/2008
Like any responsible employer, your organization probably has a comprehensive employee handbook that details your internal policies and how you handle disciplinary decisions. But no handbook can cover every possible situation. So it’s not enough for supervisors and managers to simply cite a particular rule violation as the reason for firing or suspending an employee …

New worry serves as reminder to document discipline

05/28/2008
Publicly traded companies have a new worry: Employees can use the whistle-blowing provisions of the Sarbanes-Oxley Act (SOX) as another way to get back at employers when they are disciplined or fired. SOX makes it illegal to discipline an employee who complains that the company may be violating the Securities Exchange Act.

Investigation of NCHP proves unexpectedly revealing

05/28/2008
After several state troopers were dismissed from the North Carolina Highway Patrol (NCHP), Gov. Mike Easley commissioned a probe by Kroll Associates, a corporate investigative service renowned for its ability to ferret out—and keep—company secrets …

Managers can pay for their bullying behavior—And so can you

05/27/2008
For the first time, the Indiana Supreme Court has endorsed a claim brought by a former employee against a supervisor (rather than the company for whom he worked) on the grounds that the general harassment was so severe as to constitute illegal bullying …

Can we discipline an employee for secretly recording workplace conversations?

05/27/2008
Q. Some employees discovered that a co-worker has been secretly recording conversations with them and some supervisors. One of them brought it to our attention after he grew suspicious that the employee was digging for information about some employment decisions we had made. Several employees have complained about the invasion of their privacy. The company president’s first reaction was to have the employee arrested, but I’m not sure he broke any laws. Our policies prohibit general harassment, but do not specifically address clandestine recordings. Can we discipline this employee? Should we contact police? …

Open-Door policy is good insurance against harassment claims

05/23/2008
You need an open-door policy encouraging employees to come forward with sexual harassment claims. If you show you mean business—by appropriately responding to harassment charges—chances are employees will lose lawsuits if they decline to use the open door and instead suffer sexual harassment in silence …

Track HR decisions to show discipline wasn’t harassment

05/23/2008
The best way to prevent lawsuits or to get a quick dismissal of unfounded charges is to document every employment decision carefully. You and your staff should be able to show exactly when a decision was made, who made it and what the basis for the decision was …

Addicts, disgruntled workers seize substance abuse rehab centers

05/23/2008
A group of recovering addicts and disgruntled employees seized control of six Eastern Pennsylvania drug and alcohol rehabilitation centers, saying administrators didn’t understand how to treat addiction and were interfering with their rehab …

Were professors moonlighting across time zones?

05/19/2008
Two married professors at Georgia Tech are under investigation for fraud and theft after the university discovered they had taken jobs at the University of Minnesota (U of M) while continuing to collect paychecks from Georgia Tech …

After discrimination complaint, be sure to document any potential disciplinary moves

05/16/2008
State and federal laws protect employees who file discrimination complaints from retaliation for making those complaints. That’s why it’s a good idea to make sure you carefully document any disciplinary moves that occur after an employee has complained of discrimination …