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Discipline / Investigations

Stray From Progressive-Discipline Policy at Your Own Risk

04/01/2007

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason …

Quick fix can help avoid harassment liability

04/01/2007

Q. One of our male supervisors fired what we in HR thought was a poor-performing female employee. During the exit interview, the terminated employee told us that her supervisor fired her because he was sexually harassing her and she threatened to report him if it didn’t stop. It turned out that her claim was legitimate. We immediately called her back to work.

We thought we had dodged a bullet but, unfortunately, we’ve been contacted by her attorney, who threatened a lawsuit unless we agree to settle her claim for a lot of money. We will contact an attorney to represent us, but we want to know if the fact that we brought her right back to work is going to make a difference? —L.W.

Two Philly officers file lawsuit citing lax response to stalker

04/01/2007

Two married police officers in Philadelphia’s K-9 Unit have sued the police department for allowing a female chief inspector to harass and stalk them for more than a year …

What should you do if an employee gets arrested?

04/01/2007

It’s Monday morning, the coffee has yet to be brewed and already a huge problem has dropped onto your desk. An employee left a voice mail saying he has been arrested. He doesn’t say what happened, but the very next message is from a local newspaper reporter asking for details about the employee’s work history …

Punishing a worker for personal blog post

04/01/2007

Q. One of my staff showed me an Internet link to another employee’s personal blog, which included racial and offensive comments about our company and employees. Can we reprimand the employee for the racial slurs?

Failing to track FMLA leave requests erases your right to challenge time off

04/01/2007

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

It’s harder for staff to block discipline using ‘Junk’ claims

04/01/2007

The New Jersey Law Against Discrimination (LAD) makes it illegal to retaliate against employees simply because they’ve filed a discrimination complaint. Employees know this law. So, all too often, employees who are having trouble at work file an internal complaint as a preemptive strike …

Investigating EEOC complaint? You’re protected from retaliation, too

04/01/2007

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision …