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Discipline / Investigations

Existing attendance policy ignored? Start enforcing rules now

06/01/2007

If your managers have been less than consistent about enforcing attendance policies, suddenly sticking to the rules could prompt lawsuits. But you can start enforcing the rules now without triggering trouble if you do it the right way …

Watch wiretap law when listening in on disciplinary meetings

06/01/2007

Have you ever wished you could have a verbatim record of an HR conversation, just as a hedge against a “he said, she said” dispute in court? Don’t hide a tape recorder under your desk until you’ve considered this …

When religion may prevent dress code compliance, check further before discipline

06/01/2007

Employers can establish reasonable dress code requirements, including grooming standards. However, it’s not an absolute right … If an employee cites religious reasons for not complying with the dress code, look further. Don’t automatically discipline …

When is an employer liable for an employee’s discriminatory comments?

06/01/2007

In April 2007, radio talk show host Don Imus made racially disparaging remarks about the Rutgers women’s basketball team on the “Imus in the Morning” show. The Imus experience serves as a high-profile example of how discriminatory comments can have serious consequences when made in an employment setting …

Include complainer’s actions in sexual harassment investigation

06/01/2007

Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …

Use workers’ compensation policy checklist to avoid retaliation lawsuits

06/01/2007

Texas, like many states, makes it illegal to retaliate against employees who file workers’ compensation claims. To avoid such a lawsuit, make sure managers and supervisors treat injured workers fairly …

Act fast to remove supervisors who make racist comments

06/01/2007
Adopt a “zero tolerance” policy for managers or supervisors who make racist comments. Those caught making derogatory or discriminatory comments (à la Don Imus) should be promptly shut down. If you don’t fire or at least remove them immediately, their words may come back to hurt the company …

It’s important to track discipline by type and degree

05/01/2007

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call …