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Discipline / Investigations

Sometimes an apology is all it takes

05/06/2008
Jack Burghardt, an administrative support assistant in the Denver Clerk and Recorder’s Office, said he meant no offense when he asked two Hispanic co-workers how much it costs their “people to get across the border these days.” His boss felt the comment had racial overtones and suspended Burghardt for four days …

Black Denver deputies allege discrimination in sheriff’s dept.

05/06/2008
A group of black sheriff’s deputies is suing Denver and the Denver Sheriff Department, claiming the agency harbors a “culture of racism.” The lawsuit claims black employees are punished more harshly than whites for similar behavior …

Background checks, employee investigations and the FCRA

05/06/2008
Employers that use third parties (referred to in the law as credit reporting agencies, or CRAs) to perform background checks and investigations need to be aware of the requirements of the federal Fair Credit Reporting Act (FCRA) …

Make sure investigation process doesn’t defame employee

05/05/2008
As an employer, you are obligated to investigate employee harassment and discrimination claims. How you handle those investigations can determine whether you’ll have to prepare for later lawsuits. The problem: allegations that you defamed someone while conducting the investigation …

Track discipline to show equal treatment for all workers

05/05/2008
Insist that managers tell HR when they issue any form of discipline, even an oral warning. That way, there’s a record that you can later use to explain why it only looks like a discharged employee was punished more harshly than others who committed the same offense …

When discrimination charges are possible, investigate thoroughly before firing

05/01/2008
When you fire an employee, you want the decision to stick. You certainly don’t want to use a flimsy reason for discharge and then find out later that other employees regularly ignore your rule. If the former employee is a member of a protected class, that’s a sure recipe for a discrimination lawsuit …

What to do when employee claims the 5th

05/01/2008
Q. We are a private corporation. Recently, we discovered some theft in our operation. We called an employee in for an investigatory interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the 5th Amendment of the U.S. Constitution. What are our choices under such circumstances?…

Diverse workplace can raise reverse-Discrimination risk

05/01/2008
Not many employers discriminate against members of the majority, but that doesn’t mean it never happens. In fact, white employees do file reverse-discrimination lawsuits, claiming they have been singled out for poor treatment or harassment due to their race. Ironically, a work force that is more diverse may be at greater risk for such lawsuits …

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?

Can we discipline an employee for his postings on a social networking site?

04/28/2008
Q. A female sales representative submitted a harassment complaint to HR about comments posted by one of her co-workers on MySpace. Our company’s Internet policy addresses only use of the Internet and personal e-mail in the office. Can we discipline the employee? …