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Discipline / Investigations

One lost lawsuit doesn’t necessarily lead to more

12/01/2007

Has your organization lost a previous race discrimination lawsuit? Ouch! You can bet some of your employees filed away that information for future use. However, you can take heart in a court’s recent decision that having previously lost a discrimination suit doesn’t constitute “proof” that your organization continues to discriminate—unless the new case deals with exactly the same type of alleged discrimination …

Rule against document removal supports legit business need

12/01/2007

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company …

EEOC class action requires proof each member was harassed

12/01/2007

Here’s a bit of good news for employers facing an EEOC sexual harassment investigation: A federal court has concluded that, in a pattern-and-practice lawsuit, the EEOC still must show that each and every woman it claims was subjected to a hostile work environment actually experienced the harassment …

Headed to court? Have everyone ask lawyers if conversations are being recorded

12/01/2007

When it comes to winning lawsuits, it’s a cutthroat world out there. Attorneys representing employees may stoop to low tactics, such as secretly recording every conversation they have with witnesses. What’s worse, it’s not against the Georgia state bar ethics rules to make secret recordings. But lying about it is. That’s why you should instruct anyone who will be speaking with an employee’s attorney to ask point blank whether the conversation is being recorded …

Just got served with court papers? It’s OK to impose already-Planned discipline

12/01/2007

Sometimes, employees who are having trouble at work think that filing EEOC complaints or lawsuits will save their jobs. It’s a ploy generally designed to paralyze management by raising the specter of a retaliation claim. But courts generally don’t hold it against an employer if it carries out a previously made discipline decision. A lawsuit or complaint doesn’t work like a cease-and-desist order …

Bad noose for airport worker

12/01/2007

A construction worker at a rental car facility at Hartsfield-Jackson Atlanta International Airport was fired for hanging a noose at the job site. Co-workers discovered the noose when they came to the job site one morning. Investigators could not determine a motive for the employee’s actions …

Investigate—And then explain decision to discipline or not

12/01/2007

Just about every harassment allegation deserves some sort of investigation. After all, that’s the only way to tell what is really happening down in the trenches. But that doesn’t mean each and every accusation should result in discipline or some other tangible action …

In Pennsylvania lately, no noose is good news

12/01/2007

A recent spate of bizarre “noose” incidents at workplaces in Philadelphia and Pittsburgh have activists calling for tough responses. A Verizon worker in Butler County discovered a doll with a noose around its neck and a note saying she didn’t deserve a promotion. Days later, a worker at a construction site in O’Hara Township found a noose in his work area …

Give HR the authority to investigate, impose discipline

12/01/2007

Supervisors faced with difficult employees can’t always put aside their emotions. That’s why it’s best for everyone involved if HR takes the lead investigating employee infractions and decides on the appropriate discipline. A prompt, fair and dispassionate investigation by HR professionals is the key to avoiding unnecessary lawsuits …

Documenting HR’s responsiveness cuts harassment liability

12/01/2007

Employees who quit in frustration when their harassment complaints go unheeded can sue, claiming they were “constructively discharged” because conditions were unbearable. That’s why it’s crucial for the HR office to respond to each and every complaint. Doing so can head off a surprise lawsuit …