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Discipline / Investigations

Exhibit A: Avoid the 3 most common documentation mistakes

09/23/2011

“Document, Document, Document.” Employment attorneys say it all the time. The quality of your documentation relating to performance management and discipline goes to the heart of your credibility as a manager or HR professional. Anything less and your documentation becomes Exhibit A for the plaintiff.

Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR

09/09/2011

Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.

Investigations: How to solve the classic ‘he said/she said’ impasse

09/07/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Trust your fair policies: they’ll prevail in court

08/26/2011

It’s a simple fact: You can’t tell which of your employees might sue you one day or for what reason. Your only real protection is fairness. If you treat all employees equally and provide them with the same opportunities, training and discipline, chances are any lawsuit will eventually be dismissed.

Miami bank VP behind bars–& barred from banking for life

08/26/2011
For 15 years, Silvia Angelico Nieto served faithfully as a vice president and relationship manager in Northern Trust N.A.’s international private banking division. Or so the Miami bank thought. Turns out, she spent at least part of that time misdirecting more than $4 million dollars into her own personal bank accounts.

Put brakes on discipline when allegations of supervisor harassment seem credible

08/26/2011
It would be naïve to think your organization’s supervisors would never sexually harass subordinates. Here’s what to do when an em­­ployee complains she’s being sexually har­­­­assed. Make sure you investigate thoroughly. Don’t approve any discipline recommended by the same supervisor until you have had a chance to verify or disprove the allegations.

Workplace Pranks: More Costly Than Funny

08/15/2011
As April Fool’s Day approaches, some employees might be scheming to pull a range of pranks on unsuspecting co-workers. Of the 6,800-plus employees surveyed by Careerbuilder.com in 2008, 32% reported having either initiated or been on the receiving end of an April 1 prank.

Worker lost $700: Can we make him pay it back?

08/02/2011
When an employee loses company property or money, what recourse do employers have to recoup their loss? It depends on the applicable state wage law … and on whether you believe the “loss” was really accidental.

Thin-skinned employee or bully boss? Trust your HR instincts to decide who’s right

08/02/2011

HR professionals must often make judgment calls about who is telling the truth. In fact, just about every workplace investigation requires assessing the credibility of employees, co-workers and managers who disagree about what happened. Trust your gut — and follow these four guidelines for figuring out who’s right.

What should we do? We suspect string of workplace injuries might be workers’ comp fraud

08/01/2011
Q. We’ve had an exceptional number of suspicious injuries at work so far this year. We don’t want to jump to conclusions, but how can we determine if these injuries are part of a workers’ comp insurance fraud scheme?