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Discipline / Investigations

Beware even the simplest discipline: Court says oral reprimand can be retaliation

05/13/2011

Ordinarily, when an employee receives a reprimand that doesn’t carry negative consequences, courts won’t consider the reprimand an “adverse employment decision.” As a practical matter, that means an employee can’t base a discrimination lawsuit on a simple reprimand. But that doesn’t mean an oral reprimand can’t be retaliation.

OK to treat similar rule violations differently–as long as you document your rationale

05/13/2011

Some managers think they have to punish the same rule violation exactly the same way for all employees. But the truth is that no two cases are exactly alike. Those differences can justify punishing one employee more severely than another. The key: You must be prepared to justify why you treated the cases differently.

Fairness, careful documentation are key to discipline process that will stand up in court

05/13/2011

Are some of your supervisors so gun-shy about getting sued that they hold back on discipline? That’s a big mistake. As long as an employer carefully documents the disciplinary process with solid evidence, chances are any lawsuit will be quickly dismissed.

Tell all bosses: You must report harassment

05/13/2011
It’s crucial for front-line supervisors to report alleged race harassment up the chain of command. That’s because courts will inevitably conclude that when an employee complains about harassment to the boss, that puts the company on notice that it had better investigate the problem and fix it.

Wells Fargo loan officer pleads guilty to wire fraud

04/22/2011
A former Wells Fargo loan officer in Maple Grove has pleaded guilty to one count of wire fraud for his part in approving $4.3 million in fraudulent loans. The bank took a $1.5 million loss on the deal.

Have a progressive-discipline system? Great! But reserve right to fire immediately if necessary

04/15/2011
Many employers have a progressive-discipline system. Usually that’s good. But sometimes you may need to deviate from the disciplinary script. To keep your options open, make sure you explain that the disciplinary system is for guidance only, and that you reserve the right to apply the rules based on the individual circumstances of a particular case.

She’s not our employee! Are we liable for subcontractor harassment?

04/15/2011
Q. We recently received a complaint of harassment from an employee of one of the contractors we hire to do some work around our facility. I know, of course, all about our duty to prevent and stop sexual and other kinds of harassment of our own employees. But we don’t have a duty to do the same for the employees of another company, do we?

Ocala firm pays for tolerating same-sex harassment

04/15/2011
Prestige Home Centers, a mobile-home manufacturer based in Ocala, has agreed to pay $79,000 to several male employees who claimed a male supervisor at the company’s Lake City facility verbally harassed, groped and propositioned them.

When harassment escalates despite warnings and second chances, it’s time to terminate

04/15/2011

If a claim of sexual harassment comes down to nothing more than one employee’s word against another’s, it can be difficult to decide to fire the alleged harasser. It can be even harder if you know the accused harasser is involved in litigation against the company.

Worker sends complaint to HR? You must respond

04/15/2011
Some employers believe that actually filing a lawsuit or EEOC complaint is the only protected activity. That’s simply not true. Em­ployees who voice concerns to HR about possible discrimination at work are also protected from retaliation.