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Discipline / Investigations

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

Customer complaint can be basis for discipline

09/01/2007

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision …

Do you know whom you’re disciplining?

09/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Discipline: Step-by-Step

09/01/2007

Q. What is progressive discipline? …

Whistle-Blowers held to letter of the law

08/01/2007

The Ohio whistle-blower law protects employees who report wrongdoing from retaliation. But that doesn’t mean employees can add a whistle-blowing claim every time they sue after being discharged …

Same rule, different punishment OK if you can justify

08/01/2007
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Court tells employer to tell customers: We’re sexual harassers

08/01/2007

In a startling court order, a judge has required a company to tell its customers about a sexual-harassment verdict that cost it more than $2.3 million …

Threat to blow whistle on banking practices not protected

08/01/2007

An employee does not gain whistle-blower protection merely by threatening that he will go to the authorities …

No one wins in unprofitable victory for Saginaw police officer

08/01/2007

The news keeps coming of high-dollar retaliation allegations involving Michigan police departments …