Discipline / Investigations

Sued for bias? Prepare to turn over discipline records

11/21/2018

When an employee alleges that discrimination caused him to be punished more severely than other workers outside his protected class, his lawyer will probably demand disciplinary records relating to other workers. Be prepared to hand over those records.

Don’t assign disciplinary points for reporting injuries

11/19/2018

A federal court awarded a machine operator in Wisconsin $100,000 in back wages and compensatory damages after he was fired soon after reporting an on-the-job injury.

Employee who complains isn’t immune from discipline

10/25/2018

Employers can’t retaliate against employees who file discrimination or harassment complaints. But that doesn’t mean you can never discipline those employees.

Clearly document the rationale for disciplinary decisions you make

10/22/2018

Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

When you must correct borderline misbehavior

10/17/2018

We’ve all known people whose behavior, while not illegal or a firing offense, just isn’t very nice, and we’ve all seen the damage such people can do to morale and productivity.

Taylor Swift tickets help nab alleged embezzler

10/08/2018

A 44-year-old executive at a Burnsville, Minnesota nonprofit health care clinic has been charged with three counts of theft by swindle for allegedly stealing nearly $80,000.

Document each stage of progressive discipline

09/04/2018

Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

Disciplining employee with spotless record? Document precisely what went wrong

08/23/2018

It’s crucial to document the problem if you suddenly have to discipline a long-term employee who has never been in trouble before. That’s especially true if he or she has also recently complained about some form of discrimination.

Include all relevant details in discipline reports

07/26/2018

When you document disciplinary action, make sure you provide enough detail in your report to put the decision in context. You may need them later to show a judge exactly what you were thinking when you made your decision.

Skipping disciplinary step? Document why

07/19/2018

If you have a progressive discipline system that gives poor performers or rule breakers a chance to reform, be sure your policy includes an escape hatch that lets you skip steps when necessary.