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Discipline / Investigations

Former broker files whistle-Blower suit following fraud investigation

08/06/2008
Timothy Flynn, a former senior vice president for UBS Financial Services, has filed a lawsuit claiming the Wall Street firm retaliated against him for cooperating with a Massachusetts securities fraud investigation …

Don’t let complaint interfere with legitimate discipline

08/05/2008
Sometimes, employees who know they are in trouble will file a discrimination complaint as a pre-emptive strike. They assume their employers will worry that a court might see any further disciplinary action as retaliation. Don’t be intimidated by this tactic! …

Keep details of discrimination settlements confidential

08/05/2008
Is your HR office involved in settling discrimination complaints? If so, consider including confidentiality clauses as part of any settlement if the employee is going to stay onboard. Then shield the employee’s supervisors from any details of the settlement. Here’s why: Any subsequent discipline—especially if it comes close on the heels of the settlement—may be grounds for a retaliation lawsuit …

Remind managers: Justify deviations from disciplinary rules

08/05/2008
Handbooks and disciplinary rules help managers mete out consistent and fair discipline. But no handbook or set of rules can cover every possible disciplinary problem, and supervisors need some discretion when deciding what punishment fits the crime. The problem is that any deviation from the rules may be seen as discrimination if an employee who belongs to a protected class perceives that he has been punished more harshly than a co-worker who broke the same rule …

Archdiocese shifts policy after $5.5 million settlement

08/05/2008
The Catholic Archdiocese of Denver has agreed to pay $5.5 million to settle a recent round of lawsuits claiming child sexual abuse by priests. The agreements cover 16 lawsuits and two complaints against three archdiocese priests, all of whom have since died …

Termination following customer complaint

08/05/2008
Q. We recently received a customer complaint about a short-term employee who was already on a “last chance” warning for work errors. Can we fire her now, or do we need to first investigate the complaint? …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Rep. Green asks for investigation into fatal Goodyear explosion

08/04/2008
U.S. Rep. Gene Green, D-Houston, in a letter to the U.S. Chemical Safety and Hazard Investigation Board (CSB), called for an investigation into the fatal explosion that occurred June 11 at a Houston Goodyear facility that makes synthetic rubber for tires …

You have to work hard to get this much bad press

08/01/2008
The Ohio Civil Rights Commission is investigating a possible abusive environment at Chrysler’s Toledo North Assembly Plant in light of 45 civil rights complaints made by workers there in just 18 months …

Attendance policies: Control absenteeism without breaking the law

08/01/2008

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.