01/24/2012
Sexual harassment allegations often come down to he said/she said arguments. Without hearing from both sides, there’s no way to determine what happened. If one of the employees involved in the allegations won’t talk, you can discipline him for refusing to cooperate and the courts will back you up.
|
01/09/2012
Ignoring a discrimination complaint can set in motion an unstoppable litigation train wreck. That’s especially true if you fail to investigate a boss who ends up retaliating against the complaining employee.
|
01/09/2012
It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.
|
01/09/2012
If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.
|
01/02/2012
If a supervisor believes an employee has such a negative attitude that it warrants firing, do your HR duty! Immediately ask for documentation of the problem. It can’t wait until after the termination occurs. After-the-fact, subjective assessments may not survive a court challenge.
|
12/26/2011
While today's Iowa caucuses feel like the end of a long campaign season, it’s really just the beginning of a heated political year … one that could spill over into your workplace. Follow these tips for handling political activity in your workplace and employees' political advocacy outside of work.
|
12/19/2011
If two employees break the same workplace rule, they should receive the same punishment. But that doesn’t mean you can’t distinguish between degrees of culpability. It’s perfectly fine to terminate an employee who has a long history of rule breaking and retain another because it’s a first offense.
|
12/05/2011
Sometimes an employee may feel uncomfortable with the close proximity and may even interpret another employee’s innocent behavior as sexual harassment. While you must respond to every sexual harassment complaint and investigate, that doesn’t mean each incident warrants corrective action. Use common sense.
|
12/05/2011
There’s some good news for employers concerned about retaliation after an employee participates in protected activity such as testifying in another employee’s discrimination lawsuit. If a substantial amount of time has passed since the employee’s testimony, any disciplinary action you take probably won’t be enough to form the basis of a retaliation claim.
|
12/02/2011
You never know which employee will file a discrimination lawsuit. These surprise lawsuits often allege that the employer disciplined others outside the employee’s protected class less severely for the same transgression. Protect your organization by providing detailed reasons for any discipline at the time it occurs.
|
12/01/2011
You must track all disciplinary actions. That way, you can quickly determine whether your discipline has been equitable.
|
12/01/2011
Do you worry that encouraging someone to retire when he’s facing disciplinary action could backfire? Relax. In most circumstances, a voluntary retirement that isn’t pressured or forced because of a threat of imminent discharge isn’t considered a constructive discharge.
|
12/01/2011
When terminating several employees at the same time, make sure you have carefully documented the reasons. That’s especially important if the employees share common protected characteristics such as age. You want to be prepared for a lawsuit if they decide the real reason they lost their jobs was their protected characteristic.
|
12/01/2011
Sexual harassment allegations often come down to he said/she said arguments. Without hearing from both sides, there’s no way to figure out what happened. If one of the people involved in the allegations won’t talk, you can discipline him for refusing to cooperate.
|
11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?
|