• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discipline / Investigations

Put a stop to harassment ASAP–fast action now prevents liability even years later

02/10/2011
Sexual harassment sometimes grows slowly, starting out fairly innocuously before accelerating to behavior that creates a truly hostile work environment. Courts understand that and have created a specific legal doctrine to help harassed employees—the continuing violation doctrine.

With harassment, punishment should fit crime

02/10/2011

Employers sometimes assume they have to harshly punish every incident that violates their sexual harassment policies—which often means termination. That isn’t necessarily so. You can differentiate between various kinds of conduct that fit your definition of harassment, but clearly aren’t equally severe.

Use independent investigation to prove you’re not biased

01/21/2011
Employers can sometimes be held liable if they rubber-stamp recommendations that come from supervisors who discriminate. Your best defense is to conduct a truly independent investigation before making disciplinary decisions. That will cut the liability cord.

Feel free to discipline or terminate employees who insist on working unauthorized overtime

01/14/2011

Hourly employees generally know that if they work overtime, their employer has to pay them for the extra hours. That’s true, but that doesn’t mean employees can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

When worker may have broken rules, conduct independent investigation to confirm suspicions

01/14/2011
The possibility of hidden bias is what makes it so important to never base a termination decision solely on one person’s recommendation. The key is to cut the connection between the supervisor’s attitude and the company’s termination decision.

Workplace in turmoil? Here’s how to know where to start cleaning house

01/14/2011

Sometimes, a handful of bitter employees can poison the workplace atmosphere so much that production falls. That doesn’t mean it’s always easy to figure out who’s to blame. Here’s one way that sometimes works: Conduct a thorough assessment of the workplace by interviewing all the employees. What you learn may surprise you and provide the impetus to make some sorely needed changes.

After workers’ comp claim, make sure supervisors don’t step up scrutiny

01/14/2011

Employees who file workers’ compensation claims are protected from retaliation—essentially any change in working conditions that would lead a reasonable employee to rethink her decision to seek benefits. That can include sudden scrutiny of the employee’s work. That’s why HR should look carefully at any increased discipline against those who file workers’ comp claims.

When employee claims co-worker harassment, investigate promptly, act reasonably

01/14/2011
If you respond quickly to sexual harassment complaints involving co-workers, you’ll seldom have to worry about coming out on the losing end of a sexual harassment lawsuit. As long as you respond reasonably, courts will defer to your best judgment—especially if the problem seems to have been resolved.

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.