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Discipline / Investigations

Patience, careful documentation pay off when disciplining underperforming employees

05/21/2012

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.

When sexual harassment accusations fly, investigate and discipline right away

05/02/2012
Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough investigation that helped it win a lawsuit, but it also prevented another potential sexual harassment claim when it discovered even more egregious behavior—from the original complainant himself.

Cops: Accountant skims $333K over course of 10 years

05/01/2012
It took 10 years, but an accounting employee of Hershey Entertainment & Resorts managed to sock away a tidy nest egg totaling more than $333,000. The only trouble, according to police and prosecutors: She built her savings account by embezzling the funds from her employer.

Categorize reasons why you impose employee discipline

05/01/2012
You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.

In Chicago classroom, teachable moment or racism?

05/01/2012
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.”

Good documentation is the key to legally disciplining employees

05/01/2012
How you document a discipline issue can cause problems if an employee files a lawsuit. To protect your organization, follow these guidelines:

Make sure employees know how to complain

04/16/2012
One of the only ways to protect your company from hostile work environment lawsuits is to provide a way for employees to complain. Then investigate the allegations.