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Discipline / Investigations

Track all discipline to show unbiased process

11/07/2008

The key to a sound discipline policy is equal treatment for all who commit similar offenses. You can’t decide to treat some employees more leniently than others without very good reason. And you’d better nail down that reason at the time you make the decision—not months or years later, after another employee has sued.

Make it there, make it anywhere: Don’t let NYC’s tough bias rules beat you

11/07/2008

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

What should we do if an employee refuses to cooperate during an investigation?

11/07/2008

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

Suspend employee who makes veiled threats

11/06/2008

Could a stressed-out employee who makes veiled threats be a danger to himself or others? It’s the kind of quandary that keeps HR pros awake at night. And because the stakes are potentially high, it’s hard to know what to do. The most prudent course of action: Suspend the employee until you can sort matters out.

How does the Colorado Civil Rights Division’s appeal process work?

11/06/2008

Q. We recently prevailed before the CCRD, which conducted an extensive investigation into a charge of discrimination. Now our former employee has filed an agency appeal. What will happen next?

How should we respond when one of our customers acts strangely?

11/06/2008

Q. Several female employees have reported that a male supervisor with one of our clients sends them strange e-mails. They are vaguely sexual and implore our employees to quit and to join his employer. The women think the sender is weird and have told him to stop, but he continues to send them messages. Is this a problem for my business?

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit …

Crying wolf? 4 steps for handling serial complainers

10/28/2008

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? …

Don’t be surprised if tort claim follows initial lawsuit

10/28/2008

Government employees who want to sue for such things as defamation have to let the state know before they file suit. It gets trickier, however, when the employee amends a previous suit …