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Discipline / Investigations

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.

Sometimes it’s best to settle drawn-out cases

09/10/2013
Some lawsuits seem to drag on forever, especially when an em­­ployee’s lawyers endlessly demand access to company documents. Settling those cases for a modest sum may be the best approach if l­itigation is taking over and HR is so busy responding to discovery requests it can’t get other work done.

Your best bet for beating false allegations: Good records, consistently fair practices

09/10/2013
You can never predict which employee will sue and over what alleged wrong. That’s why the best approach is to focus on treating every employee fairly and consistently, applying your rules even-handedly.

Independent investigation key to clean terminations

09/10/2013
Before you terminate an employee for breaking a company rule, be sure that you have someone else look at the situation. Never rely strictly on the supervisor’s view of events.

Steps you should take to derail the FMLA leave abuse train

09/09/2013
Employers face several common struggles when employees take FMLA leave, but there are ways to combat FMLA abuse in the workplace.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013
Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

There’s no excuse for workplace abuse! Even disabled employees can be disciplined

09/01/2013
Employers don’t have to put up with angry and abusive em­­ployees who try to make life miserable for others. That’s true even if the employee is disabled and has taken FMLA and other leave to deal with mental problems or medical conditions that may be contributing to poor behavior.

NLRB, EEOC confidentiality stance muddles investigations

08/26/2013

The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal labor and employment law. That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.