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Discipline / Investigations

Remind bosses: Don’t tolerate rude acts for fear of lawsuits

01/01/2007

When employees behave rudely or in an insubordinate fashion, supervisors shouldn’t back off discipline because they fear a legal complaint. Your organization can, and should, enforce civility standards …

One-Time pay penalty can’t be challenged years later

01/01/2007

A temporary suspension without pay is a one-time event, and employees can’t use it as the basis of a lawsuit years later. Those who allege such a pay loss must file a complaint promptly; they can’t argue that later consequences open the door to a lawsuit again …

NYC chef accused of sexually harassing waitress

01/01/2007

Employers should never look the other way if they know about a supervisor’s harassing behavior. Investigate every complaint and promptly discipline harassers …

Whistle-Blower claims can be forced into arbitration

01/01/2007

Texas law makes it illegal to discipline health care workers for reporting wrongdoing to authorities. But when such employees feel they’ve been retaliated against for blowing the whistle, they can’t automatically run to court …

Pregnancy shouldn’t affect employees’ discipline

01/01/2007

Q. If an employee is already on probation when she becomes pregnant, how does an employer continue with progressive discipline measures, including possible discharge? —P.A.

State police officer wins $340,000 judgment in retaliation lawsuit

01/01/2007

A Gibson state police corporal was awarded $340,000 by a federal jury in a lawsuit alleging the department retaliated against him for reporting wrongdoing by fellow officers …

Progressive discipline: How to apply a fair, firm policy

01/01/2007

While no federal or state law requires you to create and follow a progressive discipline policy, courts often come down hard on employers that promise progressive discipline but fail to deliver it …

Employees’ hostile pranks spell setback for Fort Lauderdale

01/01/2007

Dogged for over a decade by lawsuits alleging racial and sexual discrimination, the city of Fort Lauderdale has been working to change that atmosphere. But two recent instances of hostile employee pranks marked a major setback for the city’s effort …

Employers can be liable for harassing customers, too

12/01/2006

Employees have the legal right to work in a harassment-free environment, and employers must take corrective measures to end harassment when it comes to their attention. It doesn’t matter that the harassment comes from customers or others the employer has no control over …

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …