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Discipline / Investigations

Make good-faith effort to root out racism

10/29/2013
There’s only so much you can do to prevent a racially hostile work environment. Fortunately, courts understand those limitations and won’t hold it against you—provided you acted in good faith to stop harassment.

Use progressive discipline system to build documentation that justifies termination

10/10/2013
Progressive discipline systems force supervisors to follow the steps in the process, which helps employers document what happened and when. That can come in handy if the employee files an EEOC complaint and then claims she was fired for doing so.

Good faith is good enough for discipline

10/10/2013
When you are investigating em­­ployee wrongdoing and deciding on discipline, you don’t have to get everything exactly right—as long as you act in good faith and aren’t trying to set up someone or use the disciplinary process as a pretext for discrimination.

Firing for ‘dishonesty’? Offer specifics about what happened

10/09/2013
Like most employers, you probably have general rules about what constitutes a firing offense—and “dishonesty” is probably on the list of no-no’s. It’s a vague term, subject to interpretation. That’s a good reason to make your disciplinary records specific.

Honest investigation all that’s required

10/09/2013
Do you sometimes worry that you made a mistake during an investigation? Or that you believed the wrong person? You needn’t lose sleep over it. Courts won’t second-guess your decisions if they believe you acted reasonably and in good faith.

Retirement offer instead of disciplinary hearing isn’t adverse action

10/08/2013
Offering a public employee the option to retire rather than face a disciplinary hearing that could result in discharge isn’t an adverse employment action. Therefore, it can’t be the basis of an employee’s discrimination lawsuit.

Fired for death threats? No unemployment for you!

10/08/2013
A Commonwealth Court has ruled that a Ridgway man who was fired for threatening his bosses can’t collect unemployment benefits.

Show pregnancy didn’t prompt mom’s firing

10/08/2013
It’s become a little bit harder for women alleging pregnancy discrimination under the California Fair Employment and Housing Act (FEHA) to win discharge lawsuits. To prevail, a new mother has to prove that pregnancy discrimination was a “substantial motivating factor” in her discharge.

Police want info about an employee? Respond, be honest

10/01/2013
If you’re honest when law enforcement officials ask for information about a potential crime involving an employee, the worker can’t sue for false arrest, even if he’s not formally charged or eventually is found not guilty.

Use independent investigation to back up decision to terminate rule-breakers

09/19/2013
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.