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Discipline / Investigations

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

Be wary of hitting employee with sudden criticism after FMLA request

06/14/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has re­­quested FMLA leave and was previously performing well, be suspicious of claims that she’s now performing poorly.

Document exactly why you fired employee

06/11/2012

In this economy, employees who have been fired often resort to litigation. Jobs are scarce and litigation looks lucrative. Smart employers protect themselves by carefully documenting exactly why they fired employees.

Beat bias charges by documenting specific reasons for the discipline you choose

06/11/2012

All employees are supposed to be treated equitably, regardless of their protected class. But just as each employee is different, so may discipline sometimes differ. To account for those differences, be very specific about the underlying reasons for your discipline.

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

Ex-Cherry Point employee admits to embezzlement

06/01/2012
A former employee at Marine Corp Community Services, which provides recreational and social services at Cherry Point Marine Corps Air Station, has admitted she used a government credit card to embezzle approximately $74,000.

Beware disciplining by withholding pay raises

06/01/2012
Any adverse employment action—including withholding an ex­­pected pay increase—can form the basis for a discrimination lawsuit. If you hold back raises to punish rule-breaking, make sure you can show you do so impartially.

Employees fighting? Sort out facts, punish accordingly

06/01/2012
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.