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Discipline / Investigations

Double duty: Regulating moonlighting and following the law

03/03/2009

As the economy heads south, many of your employees have probably considered—or already found—second jobs to supplement their incomes. Most of the time, moonlighting poses no conflict with your organization’s work. But an employee’s second job could lower productivity and morale. It could create liability for you.

Beaumont police officer wins $150,000 gender bias award

03/03/2009

Clearly, there is no fury like that of a woman scorned—especially one unfairly passed over for promotion. Officer Tina Lewallen filed a complaint with the Beaumont Police Department after two men were promoted to the narcotics unit ahead of her. When the department failed to investigate the complaint, Lewallen sued …

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.

Harassment alert! Negligent hiring/supervision law applies

02/26/2009

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Personal information on work computers: No expectation of privacy

02/24/2009

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

How should I deal with disrespectful employee?

02/24/2009

Q. One of our employees constantly twists around everything I say to make the situation seem worse than it is. For example, when I put her paycheck on the counter because she was busy, she told others that I threw it at her. She has lied about many incidents. I have spoken with her several times and indicated that her actions are unprofessional and disrespectful. This is not good for my reputation. I need a solution about how to deal with this employee.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Show you are serious about workplace safety

02/12/2009

You can and should punish employees who refuse to play by company safety rules. You’ll probably win any workplace injury case if you can show that the accident would never have occurred if the employee had followed the rules.

Ohio EEO official’s motto: ‘Do as I say, not as I do’

02/12/2009

The Ohio Department of Transportation’s equal employment opportunity contracts coordinator, responsible for making sure agency vendors comply with state and federal anti-discrimination laws, has been punished for sending racist and sexist messages through the agency’s e-mail system.