Discipline / Investigations

‘Wheel of Fortune’ could land worker in jail

06/19/2013

A North Carolina postal worker could wind up working in a prison mail room after pleading guilty to workers’ compensation fraud. Her problems began when former co-workers spotted her on the television game show “Wheel of Fortune.”

Speak freely to EEOC–it’s privileged communication

06/18/2013

Good news: You won’t be held personally liable—and neither will your company—for what you say in response to an EEOC complaint. Statements made in an EEOC investigation are privileged.

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013

You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.

Feel free to regulate worker conduct in company van

06/06/2013

Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.

Will egg farm have to scramble to defend EEOC suit?

06/05/2013

The nation’s largest producer of fresh eggs is being sued after it fired a black employee who had complained about racial and sexual harassment at the company’s farm in Waelder.

Document carefully to justify discipline

06/05/2013

Here’s some good news for those worried about absolute fairness in discipline: You have more latitude than you may think. Courts will use another employee’s lighter discipline as discrimination evidence only if the two employees being compared committed offenses of “comparable seriousness,” which generally means their wrongdoing was “nearly identical.”

Get details if several workers break same rule

05/17/2013

You have no doubt heard that employees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.

Strive for harmony, plan for a lawsuit: Document every complaint

05/16/2013

Of course you have an anti-discrimination and anti-harassment policy. You make sure employees know about it. You even make it easy for employees to use the policy. But all that can be for naught if you’re unable to track those complaints.

Fix racial harassment before hostile environment starts affecting employee performance

05/10/2013

Employees who have to work in a hostile work environment may have a hard time doing their jobs well. When resulting poor performance leads management to fire someone, expect trouble. Your best bet is to address any hint at a hostile work environment right away.

Document misconduct probe, just in case of lawsuit

05/09/2013

Sometimes, it’s pretty obvious you need to terminate an employee. That doesn’t mean you don’t have to investigate and document your decision.