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Discipline / Investigations

You may need to offer flex schedule as ADA accommodation

11/01/2003
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

‘Self-defense’ is no excuse for ignoring anti-violence rules

11/01/2003
Issue: Employees may try to use “self-defense” as a reason for breaking your no-fighting rule.
Risk: That would limit your ability to punish violent workers …

Play it safe: Craft policy banning supervisor/subordinate relationships

11/01/2003
Issue: Personal relationships between employees and their bosses are ripe conditions for legal trouble.
Risk: Any form of quid pro quo (“this for that”) exchange of sexual favors for job …

Don’t ‘call out’ staff slackers in public

10/01/2003
Reprimands and demotions are a normal part of managing people. But don’t let supervisors take it a step further by broadcasting a reprimand to those with no reason to know.
…

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Prevent managers from interfering with employees’ ADA rights

10/01/2003
You know that you can’t retaliate against employees who request accommodation under the Americans with Disabil-ities Act (ADA). But in addition to this anti-retaliation rule, the law includes a little-known “interference” …

Don’t Treat Disciplinary Suspensions as ‘Admin Leave’

10/01/2003

Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave? —D.M., California

Show managers why discipline must remain confidential

10/01/2003
Issue: If managers “go public” about employee discipline, it could spark an invasion-of-privacy lawsuit.
Risk: Jury awards and damaged employee morale, leading to turnover …

Ask these questions before you ‘Write up’ an employee

10/01/2003

Most employee lawsuits stem from employees’ perceptions that they got a raw deal. So before you discipline an employee in writing, ask yourself these questions …