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Employee Relations

Detailed disciplinary records show you’re not biased

04/02/2012
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Beware sudden criticism after FMLA request

04/02/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has requested FMLA leave and was previously performing well, be suspicious of claims she’s now performing poorly.

Poor performer? Give examples during review

04/02/2012
Not every new hire works out—including applicants who looked promising or at least competent during the interview process. You’ll want to give the employee a chance to improve, but you’ll also want to protect the company in the event of a lawsuit. Providing a detailed and thorough performance review that includes specific examples and suggestions will help.

Citibank settles age discrimination complaint for $500,000

03/30/2012
The Financial Industry Regulatory Authority (FIRA) has ruled Citibank violated state anti-discrimination laws when it fired Edward Laurence Bowne in 2008—and ordered the bank to pay Bowne $500,000 in compensation.

Thorough investigations win discharge lawsuits

03/30/2012
While you can fire an at-will employee for any legal reason or no reason at all, your best bet is to conduct a thorough and fair investigation. It’s much easier to persuade a judge that a discrimination complaint is meritless if you can point to records showing exactly why you fired the worker.

Don’t let complaint derail improvement plan

03/30/2012

Some employees seem to believe they can stop disciplinary action just by complaining about alleged discrimination. That isn’t true. A supervisor who has begun a push for improvement can and should continue with the effort despite the complaint. There’s no reason to worry that legitimate management amounts to retaliation.

Employees boost fundraising for Austin-area charities

03/30/2012
Employees of Austin, Texas-based IE Discovery raised 38% more money for charities in 2011 than they did the year before. The company donated $10,450 to 16 charities, ranging from hospitals and legal foundations to programs aimed at feeding the hungry.

Establish clear discipline policies–and follow them for every employee, every time

03/29/2012
You’ll rarely lose a termination-related lawsuit if your handbook contains clear rules that you follow consistently. That’s because when everyone who breaks the same rule is equitably disciplined, fired employees will have a hard time finding ­workers outside their protected class who were treated more favorably than they were.

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.