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Discipline / Investigations

To catch a thief, first document suspicions

03/18/2011

Employee theft is a big problem for some employers. Even so, don’t make the mistake of accusing someone unless you have solid evidence he is the culprit. Instead, document your suspicions and consider whether to call police or conduct your own investigation. Then, try to catch the thief in the act.

How to conduct effective and legal workplace investigations

03/18/2011
Eventually, every employer will have to investigate some sort of workplace concern. Whether because of a dispute between co-workers or a need to address unethical or unlawful behavior, workplace investigations are an important and delicate exercise. The following tips will help investigations produce useful results.

Lesson from Walmart: How to cut risk when a co-worker harasses

03/18/2011

Here’s some good news for employers that take sexual harassment complaints seriously. In Sutherland v. Wal-Mart, the 7th Circuit emphasized that an employer’s prompt response to an employee’s complaint of sexual harassment may protect it from liability.  

Checklist: A practical guide to investigating workplace harassment

03/14/2011
The U.S. Supreme Court’s landmark decisions in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries were a wake-up call for employers to take affirmative steps to prevent, detect and remedy unlawful workplace harassment. HR’s key tool for doing so: the internal investigation. When harassment rears its ugly head, here’s how to conduct your investigation.

When disciplining, rely on employee’s initial confession

02/25/2011

When you confront an employee about a mistake or rule violation, she’ll probably offer some sort of quick explanation. She won’t have had time to come up with a million excuses. If her immediate response amounts to a confession she broke a rule, it’s entirely reasonable to act on that.

Managing employees in remote locations? Insist they follow the rules, just like everyone else

02/25/2011

As more and more employees work from locations away from the main office, employers are finding it challenging to manage their workforces. In some cases, that may be so difficult that it doesn’t seem worth having remote workers, especially when an employee tries to take advantage of the distance and begins to ignore the rules. Don’t let that happen.

When manager recommends firing subordinate, investigate to make sure bias isn’t a factor

02/25/2011

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

This year’s Supreme Court decisions make investigations a must

02/25/2011
In recent rulings, the Supreme Court clearly signaled its unwillingness to tolerate even the appearance of circumventing the nation’s anti-discrimination laws. Employers must have investigative procedures in place to help guide decision-making when an employee could be disciplined or terminated.

Need to discipline employee? Prepare to back it up with contemporaneous records

02/21/2011
Courts love to see good records that support employer discipline—records created at or very near the time events occurred. That’s why every manager needs to know how to document discipline and who gets a copy for later use.

Ready to punish slacking employee? First, have a talk with her

02/21/2011
If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.