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Discipline / Investigations

Casino Queen faces race discrimination lawsuit

11/01/2007

Twenty-two current and former workers for Casino Queen of East Saint Louis filed a federal lawsuit alleging the casino disciplines black workers more harshly than white workers and favors white employees in giving job assignments and promotions …

Attendance abuse and the FMLA

11/01/2007

Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuse FMLA absences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse? …

Green light to discipline managers who doctor time cards

11/01/2007

In today’s litigious environment, it doesn’t take much for a disgruntled employee to launch a class-action overtime lawsuit. In fact, such litigation is sweeping the country—and costing employers millions of dollars. That’s why conscientious employers act fast to stamp out a dangerous and illegal practice: managers altering pay records to avoid paying overtime. If you catch managers cooking the payroll books, punish them promptly …

Will Isiah Thomas verdict open sex harassment floodgates?

11/01/2007

You probably heard about last month’s big $11.6 million sexual harassment verdict against former basketball star and New York Knicks coach Isiah Thomas. The bad news: Your employees heard about it, too … and it planted a seed in their minds. Will they see your organization’s pockets as the path to a similar windfall? …

Drawing the line on tardiness: the legal risks

11/01/2007

Q. We’re having tardiness and absenteeism issues with our employees. If we place an employee on probation for an excessive number of times tardy and days absent, can we require no absences at all during the probation period? —C.V., New Jersey …

If nothing else, you can demand employee honesty

11/01/2007

Do you detect a certain reluctance by employees to cooperate when investigators are trying to do their jobs and get to the bottom of employment problems? Then it may be time to remind employees that you expect honest and forthright cooperation, and nothing less. Then, go ahead and discipline employees who don’t cooperate …

OK to discipline complainer who doesn’t perform

11/01/2007

Sometimes, the wrong messenger delivers bad news. That’s what happens when a poorly performing employee comes forward with a discrimination complaint. If your investigation finds that the complaint has merit, but you decide you need to fire the worker anyway, how should you proceed? Aren’t you just guaranteeing you’ll be hit with a lawsuit? …

Act fast when chronic complainer has real gripe

11/01/2007

We’ve all dealt with employees who constantly make petty complaints about others. We’d rather just ignore the litany, but that’s probably not the best course of action. Buried beneath the nonsensical complaints may be a genuine one—one that requires prompt action. As the following case shows, acting right away when a legitimate gripe surfaces can mean the difference between a lawsuit and the same case being dismissed before it ever gets to trial …

You can mandate respectful behavior, discipline violators

11/01/2007

It’s a stressful world out there, and workplace tension can make matters worse. That’s one reason you may want to consider instituting a civility code at work. Then, if an employee is rude, overbearing or downright offensive, don’t hesitate to discipline her …

Keep old handbooks to back up discipline decisions

11/01/2007

Are you relying on company rules or the employee handbook to justify a disciplinary action such as a suspension or termination? If so, make sure you keep a copy of the handbook as it existed at the time of your decision. This is particularly important if you maintain the handbook in electronic form …