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Discipline / Investigations

Never ignore any lawsuit

07/13/2017
Here’s a lesson for small employers that may be tempted to ignore legal pleadings, thinking there’s no merit to a worker’s claims. Doing so likely will result in a default judgment.

OK to discipline even after worker complains

07/12/2017
Some employees may not realize it, but filing an internal discrimination or harassment complaint doesn’t create immunity to legitimate, unrelated discipline.

Discipline ASAP if boss targets older workers

07/12/2017
It happens all too often: A bully boss yells, berates, pushes and prods older employees more than other staff members. The 9th Circuit Court of Appeals has concluded that resigning under such circumstances is a reasonable response and amounts to a constructive discharge.

When bias charges loom, documentation proves discipline was warranted

06/28/2017
When it comes to terminating an employee for poor performance, careful documentation is essential. Make sure you can later explain exactly how you handled the employee’s performance problems.

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.