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Discipline / Investigations

Carefully document every rule violation to defend against surprise claims

04/01/2013

You never know which fired em­­ployee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.

5 tips: How to rein in expense account fraud

03/08/2013
The typical organization loses 5% of its revenues to fraud each year, and 16.6% of fraud losses trace back to expense account schemes, according to a report by the Association of Certified Fraud Examiners.

How should we conduct an investigation?

03/01/2013

Q. An employee lodged a complaint about a supervisor’s misconduct. I know we’ll need to perform an investigation, but I’m not sure where to start. What’s the best way to proceed?

If employee refuses to cooperate with investigation, feel free to fire

02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all em­­ployees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option …

Documentation key to post-complaint discipline

02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.

Different punishments for breaking same rule? Cite specifics to justify harsher discipline

02/18/2013

It’s reasonable to expect employees to obey your work rules. But employees can also reasonably expect you to apply those rules fairly. If you don’t, you risk a lawsuit. That’s why it is crucial to be specific when documenting discipline.

Have ‘the talk’ to stop hostile environment

02/18/2013

You can’t fire everyone who makes a stupid comment—or even two. But you also can’t ignore insensitive or offensive speech, just hoping for the best. The best approach is direct: Pull the employee aside and explain that neither you nor the company tolerate racist, sexist, ageist or other offensive comments …

Same offense, different discipline: Show why harsher punishment was warranted

02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.

When discipline differs, be sure to document why

02/01/2013
Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.

Hold bosses accountable for workplace problems

01/14/2013
Here’s an important concept to remember when disciplining managers: They are responsible for what goes on below them on the organization chart, whether they know the details or not.