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Discipline / Investigations

Pursue claims, even if complaining worker backs off

07/01/2003
Issue: Courts place the burden on employers to complete investigations of sexual harassment complaints, even in the face of reluctant complainants.
Risk: Failing to pursue complaints actively will come back …

Investigating workplace harassment: 10 steps to success

07/01/2003
Issue: Responding to employee harassment complaints is a high-stakes venture.
Risk: A botched investigation can damage employee moral and spark a lawsuit.
Action: Make sure you (or any manager …

Don’t dock exempt worker for partial-Day absence

07/01/2003

Q. If an exempt employee has no more paid leave left, can he take a couple hours off without pay? We’d just manually adjust his salary to reflect this. —A.D., Pennsylvania

Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Don’t let abusive staff use disability as excuse; you can fire for behavior

05/01/2003
Don’t allow employees to use their disabilities as justification for poor behavior, especially if it clearly threatens your workplace. Even if an employee is …

Employee handbooks: Craft with care to secure ‘at-will’ policy

04/01/2003
THE LAW. While law doesn’t directly regulate employee handbooks, they are extremely important legal tools. A handbook documents your policies, builds trust …

One ‘come-on’ can equal sexual harassment

03/01/2003
Don’t hesitate to discipline first-time sexual-harassment violators. Even one outrageous comment or act, if severe enough, can make your company liable for fostering …

‘Possibility’ of serious illness wins coverage

02/01/2003
The rule has been drummed into your brain: An employee can take job-protected leave under the Family and Medical Leave Act (FMLA) if he suffers from a …

Heads up: Workers can sue over ‘potty parity.’

02/01/2003
A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming