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Discipline / Investigations

Build flexibility into your disciplinary process

09/25/2015
When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate.

3 out of 4 workers agree: We’re working with adolescents!

09/23/2015
It’s not a jungle out there in the workplace anymore—certain behaviors are making it more like middle school.

Details make the difference when defending discipline

09/16/2015
We’ve said it before: Document every disciplinary action and be specific. The employer in this case won because it had excellent contemporaneous records to explain its disciplinary action.

Disability isn’t ‘get out of jail free’ card–it must be revealed before discipline

08/24/2015

Some workers who learn they’re about to be disciplined or even fired for poor behavior may try to use an alleged disability as an excuse. But if they never revealed before that they have a disability, it’s too late to try that tactic on the eve of being punushed.

Anticipate lawsuit by offering second chance, fresh supervisor to struggling employee

08/24/2015
If a marginal employee is having a hard time getting along with his boss, think about giving him a second chance with a new supervisor. It may help—and it won’t hurt if you still end up firing the employee.

Disciplinary cases require detailed records

08/24/2015

You know the mantra: To win lawsuits, you must document, document, document! When it comes to employees who sue you for discrimination after they have been disciplined, documentation means making careful, contemporaneous notes about alleged rule-breaking or other wrongdoing. It means and saving records for every disciplinary action. You can’t just zealously document misdeeds by the employee you think will sue. You have to do it for everyone.

Co-workers are complaining: How should we deal with employee’s body odor?

08/17/2015
Q. We have an employee with a strong and unpleasant personal odor. We have gotten several complaints from other employees regarding this issue. What can we do about this, and how do we address it with the employee?

Use Deflategate’s lessons to get a grip on investigations

08/13/2015
The issues raised by this NFL controversy provide great lessons for those tasked with conducting an investigation in the workplace.

Progressive discipline can help win bias suits

08/13/2015

Discharged employees often sue, counting on their protected status—based on race, sex, national origin and so on—to create the impression that they were fired for discriminatory reasons. That’s why it’s important to use a progressive discipline system. It lets you counter discrimination allegations with solid, documented performance or behavior problems that warranted discharge.

Suspended ‘pending investigation:’ What information do we owe the employee?

08/11/2015
Q. If an employer suspends an employee “pending investigation,” what information must be provided to the employee?