Discipline / Investigations

Investigations must be thorough, but not bulletproof to justify discipline

12/10/2012

Here’s some good news for those handling discipline and wondering whether your decision will stand up in court: You don’t always have to be exactly right, just fair and honest.

Workplace romance gone bad? Don’t hesitate to terminate if you perceive danger

12/01/2012

Not every romance ends happily ever after with a storybook wedding. But with the passage of time, most breakups don’t leave a lingering mess. That’s not necessarily true of workplace romances gone sour, where the former love birds may remain in regular contact with each other.

Track all discipline just in case employee sues

11/29/2012

Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.

Discovered unsuspected wrongdoing? Fire away!

11/29/2012

Sometimes, internal investigations pull back the curtain on performance problems that have nothing to do with the original inquiry. Even if it turns out that the initial reason for the investigation was unfounded, you don’t have to ignore other issues you may uncover.

The details matter when documenting discipline

11/27/2012

The next time you discipline an employee, consider how his conduct compares to others who broke a similar rule. Then detail the differences if the punishment varies. That way, you can later explain why two employees violating a similar rule deserved different punishments.

Fire if necessary: Complaining about bias doesn’t earn free pass to terrorize co-workers

11/19/2012

Don’t let past discrimination complaints by an obviously troubled employee keep you from ensuring workplace safety. Even vague threats can justify firing a potentially dangerous employee. Few judges will see that as retaliation.

Track all discipline to prove you don’t discriminate when punishing employees

11/12/2012

Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.

Audit disciplinary records to ensure protected employees aren’t being unfairly punished

11/12/2012

Do you know for sure that your supervisors equally punish employees who break the same workplace rules? If not, it’s time to conduct an internal audit. Check disciplinary records against your employees’ protected characteristics.

Discipline OK even if employee has complained

11/01/2012

Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.

Add credibility to your investigations: Have employee sign off on your notes

10/30/2012

If you interview employees during the course of misconduct investigations, make sure to take accurate notes. Then, before concluding the interview, have the employee read and sign the notes, attesting that they accurately reflect what was said.