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Discipline / Investigations

When accused harasser says he was harassed, weigh everyone’s credibility–and motive for lying

07/15/2011

It can and does happen when an employee complains that she has been sexually harassed: In the course of the ensuing internal investigation, the alleged harasser says that, in fact, he was harassed—and the alleged victim was the real harasser. What should you do?

Give oral reprimands that serve a purpose

06/30/2011
You already know to scold employees in private. You don’t want to embarrass them at the same time that you’re criticizing some aspect of their performance. But reprimanding in private doesn’t excuse you from speaking diplomatically.

Are you ready to punish a slacking employee? First, have a talk

06/29/2011

HR professionals or managers should always discuss performance or behavior problems with employees before disciplining them. After all, employees often admit their mistakes when confronted directly. And any admissions can be used later to support your disciplinary decision if the employee claims discrimination.

Good faith wins court cases! Don’t use investigation to trap employee

06/24/2011

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

Hospital executive pleads guilty to embezzlement charges

06/24/2011

The former executive vice president of the Children’s Hospital of Phila­del­phia has pleaded guilty to charges stemming from a 12-year plot to embezzle $1.7 million from the hospital. Roosevelt Hairston Jr. was relieved of his duties in February after hospital auditors found irregularities.

York County official claims hard times led her to steal

06/24/2011
York County Assistant Chief Clerk Vickie Gladfelter has pleaded guilty to stealing more than $347,000 in county funds. She was sentenced to one to five years in state prison. Glad­­felter confessed to a seven-year scheme involving selling used county cell phones and pocketing postal refunds.

Fair harassment investigation can justify firing supervisor

06/24/2011
When investigating supervisor sexual har­assment claims, you must conduct a fair workplace investigation, not a criminal probe. As long as the investigation was fair and the conclusion was reasonable, courts won’t interfere.

6 steps to take if one of your employees gets arrested

06/17/2011
With a record number of Ameri­cans now in prison and police and prosecutors increasingly taking a hard line on crime of all kinds, more employers are finding themselves unprepared to answer the question: “What do I do now that one of my employees got arrested?”

Failure to investigate alleged harassment brings EEOC lawsuit

06/17/2011
B.J. Con-Sew faces national-origin harassment charges after a Hispanic employee claims he was forced to ­resign to avoid daily harassment. The employee claims he complained to various managers, but no investigation or assistance was forthcoming. Eventually, he quit and filed charges with the EEOC.

Don’t sweat details if your discipline decision is sound

06/17/2011

Do you worry about every detail of discipline and make sure all the facts are completely accurate? Your concern may be needless. Employers certainly have to be fair when disciplining, but judges know HR departments aren’t courts of law—and they don’t demand proof beyond a reasonable doubt.