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Discipline / Investigations

Independent investigation doesn’t have to be perfect

01/01/2008

If you receive a discrimination complaint, conduct a prompt and thorough investigation. Then have an independent party decide on any discipline. If the investigation was independent and the decision-maker was not the same person who allegedly discriminated against the employee, it won’t matter if the decision-maker was wrong—just that he or she believed the reason was genuine …

Check yourself: Can you show equal treatment at discipline time?

01/01/2008

There’s an easy way to avoid losing a discrimination lawsuit stemming from disciplining an employee who breaks company rules: Make absolutely certain you discipline fairly and evenhandedly, meting out punishment regardless of race, sex, nationality or other protected characteristics. Conduct regular audits of all disciplinary actions to make certain no one gets a free pass …

Justified firing doesn’t mean employee can’t show harassment

01/01/2008

Sometimes, a problem employee claims harassment as a way to protect herself from legitimate discipline. When that happens, it may be tempting to ignore such claims on the presumption they are bogus. It may be tempting to dismiss her complaints as much ado about nothing. But you’ll ignore her at your own peril …

Second chance for problem employee? Monitor closely

01/01/2008

Sometimes, workplace rules conspire to give a second chance to a problem employee with a history of harassment or intimidation. If you don’t carefully monitor the second-chance worker’s behavior, chances are the inappropriate conduct will rear its ugly head again. Then, in addition to harassment and discrimination liabilities, you may be on the hook for negligent supervision, too …

Whistle-Blowers protected if they reasonably believe violation occurred

01/01/2008

New Jersey’s Conscientious Employee Protection Act (CEPA) is widely regarded as one of the most far-reaching whistle-blower laws in the country. It protects employees against retaliation if they bring attention to possible illegal activities. If an employee comes forward with a report of suspected wrongdoing, even if you believe he is incorrect, be very cautious about disciplining the employee …

Paulsboro High settles suit with principal over searches

01/01/2008

Paulsboro High School has settled a gender discrimination lawsuit with its former principal, Lucia Pollino, who was suspended for six months with pay in April 2007 over allegations she let students be strip-searched …

Can we search employees’ work areas while investigating a string of thefts?

01/01/2008

Q. I work for an Internet company with about 50 other employees. Recently, there have been several complaints around the office about theft of personal property. The problem has become a distraction in the workplace and I was asked to investigate the incidents.

Our employee manual does not have any policies prohibiting theft of personal property, and there are no notices that warn employees that their work areas may be searched. What right does my company have to search a suspected employee’s work space and personal items to try to locate property not owned or related to my company? …

How to conduct third-Party investigation without tipping off alleged harasser

01/01/2008

Q. I have received a complaint from one of my employees alleging sexual harassment by a supervisor in my HR department. I want to bring in an independent investigator, but I’m concerned I’ll have to notify the subject of the investigation. I’ve heard that the Fair Credit Reporting Act (FCRA) requires me to notify employees before investigating these types of complaints through a third party. Obviously, this would make things uncomfortable for the employee who filed the complaint. Does the FCRA’s notice requirement apply to a sexual harassment investigation? …

Show fairness by documenting all rule violations, discipline

01/01/2008

You must be prepared to show that you treated each and every employee equally when it comes to discipline. Otherwise, you may find yourself in the same situation as, in the following case, an employer that couldn’t recall how it had disciplined a white employee for violating an attendance rule, but fired a black employee for the same infraction …

Is it insubordination to call in sick after being turned down for leave?

01/01/2008

Q. During the busiest period of the year, a veteran employee asked for time off to attend her nephew’s graduation. After being turned down, she called in sick on graduation day. Is this considered insubordination? And how should we handle this situation? …