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Discipline / Investigations

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.

OK to base discipline on severity of violation

04/15/2011
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.

You can justify differing discipline for similar conduct

04/15/2011

Some employers believe that if several employees break the same rule, they must be punished exactly the same. That’s true—to a point. You can discipline one employee more harshly than another if you can show why you believe their conduct wasn’t so similar after all.

He said/she said: Gauging credibility in harassment cases

04/08/2011
Most employers understand the importance of doing a fair and thorough in-house investigation when they receive complaints of on-the-job harassment. But many investigators falsely believe they can’t conclude that harassment occurred unless they have independent witnesses to the allegations. So what should you do when confronted with conflicting stories?

Document all disciplinary actions, including why and when you decided to act

03/31/2011

Some employees facing discipline believe that if they file a discrimination complaint, they can escape trouble. If disciplined, they’ll cry “retaliation!” Smart employers counter this subtle form of blackmail by clearly documenting and time-stamping all decisions and the process that led up to those decisions.

Consider all options: When co-worker harasses, termination isn’t the only way to avoid liability

03/25/2011

The key to handling any kind of harassment case involving co-workers is to immediately investigate the allegations and follow up with solutions designed to stop the mis­behavior. But those solutions don’t always have to include terminating the har­assing co-worker. Suspensions, training and other remedial actions may be enough …

Supreme Court backs employee following ‘cat’s paw’ boss bias

03/24/2011
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.

Nice work if you can get it: 12 years of full-time time off

03/22/2011
Heads are rolling in Norfolk, Va., following the discovery that a government worker who was suspended 12 years ago and hasn’t done a day of work since then has been drawing a paycheck the whole time. And get this: Now that she’s been officially fired, she’s suing.