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Discipline / Investigations

Rid absence policy of risky doublespeak

10/01/2004
Re-examine your absence policy, paying special attention to identify clauses that attach varying conditions on whom the policy applies to and when it applies.
Plaintiffs’ attorneys and courts will poke …

Keep an open mind in investigations; juries will punish ‘kangaroo courts’

10/01/2004
Keep an open mind in investigations;
juries will punish ‘kangaroo courts’
When investigating a sexual harassment complaint, don’t rush to judgment, and don’t allow supervisors to sidestep any steps …

Stop managers from using bullying as ‘motivation’

10/01/2004
Your organization counts on its supervisors to motivate employees. But that doesn’t give supervisors free rein to use whatever tactics necessary. As the following case proves, you have the right, and, …

Don’t let a scheduling conflict prompt reservists’ discipline, firing

10/01/2004
Run supervisors through some basic training on strict
military-leave law. Why? More than 168,000 National Guard and reservists are currently on active duty and Congress is considering changes that would …

Centralize job references to minimize exposure

10/01/2004

Q. Concerning writing reference letters, we have a few supervisors who think it’s OK to write them only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Help! —P.T., South Dakota

Juries punish rushed investigations; keep an open mind

10/01/2004
Issue: Following correct protocol when investigating harassment complaints. Risk: Courts will slap organizations with big punitive damage awards …

Don’t rubber-stamp firings; verify supervisors’ reasons

09/01/2004
Issue: Should HR question a supervisor’s plans to fire an employee? Risk: If you take a termination report at face value, you may overlook bias by a manager. Action: …

Investigate harassment, even if victim is hesitant

09/01/2004

Q. We’re afraid that one of our employees may have been subjected to discriminatory behavior. But she hasn’t filed a complaint. What should we do? Do we have an obligation to bring it up and investigate even if she declines? —S.P., Louisiana

Don’t let office romance poison workplace; third parties can sue

08/01/2004
Legal threats from interoffice romance typically come from harassment claims if the relationship sours. But here comes a new threat: employees who claim a “hostile environment” when favoritism caused by another …

You can block staff from bringing co-workers to disciplinary meetings

08/01/2004
Good news: Employees in nonunion workplaces no longer can insist on co-workers joining them during investigatory meetings. You can legally deny such employee representation requests thanks to a new National Labor …