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Discipline / Investigations

Feel free to let the punishment fit the ‘crime’ when disciplining for off-duty conduct

08/04/2009

Many employers have rules that prohibit off-duty conduct that may reflect negatively on the company. But even with such policies, it’s tricky to discipline employees for the things they do on their own time away from the workplace. In fact, you’re free to use discretion in deciding whether an employee should be warned, suspended or terminated.

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.

State wage & hour inspector took $1.86 million in bribes

07/27/2009

Joseph Rivera, senior investigator for the New Jersey Department of Labor and Workforce Development’s Wage and Hour Division, pleaded guilty in a Camden courtroom to taking $1.86 million in bribes from temporary labor firms …

A matter of policy: Doing 4 things right helps win lawsuits

07/27/2009

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.

The best way to end hostile environment suits: Train bosses what to do when worker complains

07/24/2009

Some employees are more sensitive to potential sexual harassment than others. What some might disregard as innocent flirtation, others might consider an unwelcome come-on. Courts often throw out harassment suits that start that way, but why tempt fate—or spend time and money defending yourself?

Set clear, fairly enforced rules on behavior to trump ‘my disability made me do it’

07/24/2009

Some employees with genuine disabilities think they can use their health conditions as excuses to break workplace rules regulating behavior. They can’t, if managers genuinely believe the employee violated the rules, and those rules are clear and equitably enforced.

When supervisor makes stupid comment, make sure you can justify discipline

07/24/2009

When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.

Beers, tears, almost 2 years: Thief apologizes to employer

07/24/2009

Paul Lesko was contrite when he appeared in Cumberland County court for sentencing following his conviction of embezzlement. While working for Westy Beer Distributor in Hampden Township, Lesko had taken more than $7,625 from owner James Yaple.

How can we legally combat tardiness?

07/24/2009

Q. Some of our admin assistants are good employees, but they’re constantly late. What can we do to get them to come to work on time?