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Discipline / Investigations

Cut retaliation liability risk by taking action on all harassment complaints

10/03/2011

All too often, sexual harassment involving just two people de­­volves into a he said/she said stand-off. But if the alleged harassment occurs at work, you must act to stop it or you’ll risk liability. Fortunately, you don’t have to be absolutely right about what happened.

What are the rules on setting a late policy?

10/03/2011
Q, We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

Is it a personality conflict or discrimination? Let investigation guide your response

10/03/2011
There are times when a supervisor and a subordinate simply can’t get along. It’s important for HR to distinguish between a personality conflict and discrimination. The former is cause for concern because it is disruptive and counterproductive. But the latter must be dealt with immediately and firmly—because it’s illegal.

More than crullers & coffee at Rockaway Dunkin’ Donuts

10/03/2011
An employee at a Rockaway Dunkin’ Donuts faces prostitution charges after local police caught her supplementing her income by providing additional services. Police had re­­ceived an anonymous tip that the woman was making late-night trips to Dunkin’ Donuts a little sweeter for some patrons.

Know union rules on probationary employees

10/03/2011
You won’t find many employers extolling the upsides of having a unionized workforce, but there is one advantage. If your union contract provides for a probationary period before an employee becomes a permanent part of your workforce, you may have more discretion in how you discipline the new em­­ployee.

How to avoid the top 5 employment law mistakes employers make

10/03/2011
Failing to effectively communicate with your employees isn’t just bad for business. It also can create legal trouble. Here are five of the most common errors that land employers in court. As you’ll see, communication lies at the heart of all of them.

Remind managers to track verbal discipline, too

09/23/2011
Employees don’t go from good to terrible instantly. There is usually a slow and steady decline. Be sure that the process is carefully documented, right from the very first verbal warning.

Don’t let fear prevent firing of whistle-blower: Your complete records will back you up

09/23/2011
Some whistle-blowing employees think they can’t be disciplined if they report alleged wrongdoing to authorities or upper management. That’s not true. Employers can always discipline employees who break rules or perform poorly. The key is fairness and equal treatment.

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.