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Discipline / Investigations

Making exceptions to the rule can turn the exception into the rule

03/01/2008
Organizations create rules for a reason—mainly to ensure order and fairness. So when a manager or supervisor bends the rules just for some people, he or she may be setting up the organization for a lawsuit. Essentially, the exceptions become the rule, and employees who don’t benefit may sue, alleging discrimination based on a protected characteristic …

Documented discipline rules save Leggett & Platt from charges

03/01/2008
Johnny Mathis worked for eight years in the Monroe plant of Leggett & Platt when he was terminated for excessive absences. While admitting his absences violated Leggett & Platt policy, Mathis, who is black, sued for discrimination, claiming that white female co-workers were not similarly punished …

Must employees receive a warning before termination?

03/01/2008

If employees are at-will workers, you can fire them for any reason or no reason at all, as long as it’s not discriminatory. But, as a new ruling shows, supervisors should resist that quick-trigger urge if that employee recently voiced a discrimination complaint …

Paper trail cuts both ways if it shows unequal discipline

03/01/2008
You know you should document problems and violations before disciplining an employee who previously performed well. You create a paper trail showing warnings, counseling and efforts to get the employee back on track. But if the employee you disciplined can show that others with the same shortcomings got off, that paper trail may come back to haunt you …

Discrimination claims harder for employees to make if bias is ancient history

03/01/2008
Just because an employee experienced unfair treatment years ago doesn’t mean you have to ignore recent poor performance. You can discipline the employee as long as the charges are fair, accurate and unbiased now …

Responding to employee rants: 4 do’s and don’ts

03/01/2008
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Dealing with employees who fear HIV

03/01/2008
Q. How should an employer deal with an employee who refuses to work around a co-worker or customer who is HIV-positive? …

Simple ways to salvage ‘Below-Standard’ employees

02/26/2008
Every manager has employees who perform below standard. They’re not terrible employees, but they’re not achieving the quality or quantity of work they’re capable of. Try these tips for letting underachieving employees know what’s expected and get them moving in the right direction.

Ants in his pants—But can you fire him?

02/26/2008
The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. You should specify what off-duty activity is prohibited in terms of unbecoming, immoral or illegal behavior …

What can we do? We overpaid part-timer, who knew it and didn’t come forward

02/22/2008
Q. Because of a human error in our payroll department, one of our part-time employees has been receiving a full-time salary for the past six months. Although we recently realized our mistake, the employee never came forward to let us know about the error. Aside from recouping the funds, what actions, if any, can we take against this employee for not being forthcoming?