Discipline / Investigations

HR pros gain broad Title VII protection

06/17/2021

A recent federal appeals court decision may be good news for HR pros and bad news for employers that think they can get away with retaliation if they try to quash discrimination investigations.

Track, date all steps in disciplinary process

06/08/2021

When employees figure out they are about to get in trouble at work, expect a flurry of complaints and requests for job-protected leave. These desperate measures are based on the belief that employers can’t fire anyone who has a pending discrimination or harassment case, or who is out on some form of medical leave. However, that doesn’t mean you can’t impose discipline for actions unrelated to an employee’s protected status.

Document reason for every act of discipline

03/25/2021

Always record the facts of every incident that warrants discipline, including the exact reason you chose to punish the employee the way you did. It’s the best way to head off an employee lawsuit alleging she was disciplined harshly because of some protected characteristic.

When you learn you employ a Capitol rioter

01/14/2021

Imagine you learn one of your employees was part of the hoard of rioters who stormed the U.S. Capitol on Jan. 6 in an act of open rebellion against the United States. Can you fire this person?

Suspect bullying? Intervene fast

09/23/2020

Take all claims seriously. Bullying can lead to physical violence, long-term psychological damage—and the harassment lawsuits that accompany them. Here are several tactics to use when following up on your suspicions.

Discipline looming? Expect complaints to be filed

08/13/2020

Employees sometimes try to head off a suspected firing by filing internal complaints. They hope their employers will be so afraid of a retaliation claim that they put the termination on hold. It doesn’t always work.

How to discipline despite ‘protected’ activity

07/02/2020

Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Off-duty worker ignores social distancing: How to respond

06/18/2020

If you discover that employees have flaunted local COVID-19 guidelines outside of work, can you place them on an unpaid leave of absence to quarantine before they return to work?

Date and time stamp every discipline decision

05/21/2020

Smart employers immediately and precisely document every employment decision. For example, it’s not enough to merely note the date you decided to terminate someone. Record that actual time the decision was made.

During discipline, ask productive questions

05/14/2020

A useful framework for having disciplinary conversations is to state evidence of the problem and immediately pose a question. It may help uncover the reason for a problem and engage the employee in framing the issues, owning his behavior and identifying solutions. Here are some examples.