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Discipline / Investigations

Your own detective work can pay off in court

06/28/2017
Employees have only a limited amount of time in which to file lawsuits. However, judges sometimes bend over backwards to give late filers a second chance. When that happens, it may be worth finding out why the delay occurred.

HR pros, bosses beware! Shoddy harassment investigation may create personal liability

06/28/2017
If you don’t do enough to end reported harassment, you may be found liable under New York state and New York City law for aiding and abetting that harassment. In fact, it’s just as if you were the harasser yourself—you could be subject to personal liability.

Progressive discipline is great, but retain the right to fire immediately if necessary

06/26/2017
If you have a progressive discipline system, give yourself some wiggle room. Make sure you retain the right to immediately terminate an employee when necessary.

Protected activity occurred long ago? Discipline now won’t cost a retaliation suit

06/26/2017
If an employee complains about discrimination or takes protected leave, beware taking any action that smacks of retaliation. Otherwise, you are risking a lawsuit.

Workers’ comp pending? Discipline with care

06/26/2017
Are you disputing an employee’s workers’ compensation claim? Be careful how you handle absences during the time the case is working its way through the system.

Not every suspension is retaliation

06/21/2017
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

Invest in a timely, thorough investigation, or prepare to pay big damage award

06/12/2017
When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

Past discipline record beats retaliation claim

05/17/2017
Here’s another good reason to consistently document all disciplinary actions: If an employee with a history of problems such as rules violations later engages in protected activity, it will be hard for him to show that the discipline was retaliation for engaging in that protected activity.

Purged disciplinary record doesn’t mean it can’t be considered in future litigation

05/16/2017
Acourt considering whether an employee suffered an adverse employment action has rejected the notion that reinstating an employee and expunging his record somehow makes his earlier discharge irrelevant.

After complaint is filed, be sure to justify all discipline

04/25/2017
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.