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Discipline / Investigations

Document rationale for all discipline to show it wasn’t a pretext for bias

06/29/2010

If you carefully document disciplinary actions and punish all employees fairly, courts will usually uphold your decisions. That’s because an employee who challenges the reason for her discharge has to show that the reason wasn’t legitimate—that, rather, the rationale was merely a pretext for some form of discrimination. And it takes more than just coincidence to do that.

What are the ramifications of disclosing information during preliminary negotiations?

06/24/2010
Q. A recently terminated employee retained an attorney, who then engaged in pre-suit negotiations with our HR vice president. During those negotiations, our VP disclosed, in writing, some confidential information about the internal investigation that led to this employee’s termination. Negotiations have since broken down and the employee filed suit. Should I be concerned about these pre-suit disclosures coming back to haunt us in the litigation?

Firing? Back with complete discipline records

06/18/2010

Employers that keep careful track of which employees are disciplined—and for what reasons—have a leg up if they’re ever sued for discrimination. Before you terminate any employee, take the time to pull up all similar past disciplinary files. If those records show you fired other employees for identical or less-serious offenses, chances are no court will second-guess your decision in the latest case.

State tax workers: No Bonnie and Clyde

06/15/2010
Some criminals think big. Then there’s Stefan Arteaga-Pitzenbauer, an employee of the New Jersey Division of Taxation’s unclaimed property office who thought he had hatched a foolproof get-rich-quick scheme.

Follow all leads when investigating allegations–even if they take query in new direction

06/11/2010

Investigations of workplace wrongdoing sometimes take unexpected turns. Don’t hesitate to keep digging, no matter where the evidence leads. You may discover that the employee who complained in the first place hasn’t been as innocent as he claims. If it turns out that an apparent victim has actually done something wrong, you can take disciplinary action.

Unsubstantiated rumors don’t add up to liability

06/01/2010
Public employers aren’t necessarily liable if they fail to respond to vague rumors about employee misconduct, as the following case shows.

Prison time for contractor who didn’t report shakedown

06/01/2010
Michael T. Murray, owner of Three R Construction Co. in Cincinnati, has pleaded guilty to bribery and failing to report that a U.S. Postal Service official was demanding payment in return for awarding construction contracts. Murray faces up to three years in prison plus $250,000 in fines.

Keep careful records so you can show why you punished similar behavior differently

06/01/2010

Employers sometimes think that if they have a broad workplace rule in place, they have to punish everyone who breaks that rule exactly the same way. That’s not necessarily true. The key is to make sure you can document why one employee deserved a more severe punishment than another. Two cases illustrate how to go about individualizing punishment:

The absent-minded employee: How to get absenteeism under control … legally

05/28/2010
The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. The best way to combat the problem is with a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Loose lips sink employers: How a manager’s convenience store visit cost $100,000

05/18/2010

Employment law risks don’t disappear the minute your managers leave the building at the day’s end. Those risks follow managers around constantly. That’s why you should make clear to supervisors that they should never discuss personnel matters outside the workplace—even at the corner Kwik-E-Mart.