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Discipline / Investigations

Guard what’s said during in-House investigation—It’s not absolutely privileged

11/01/2007

When an employee alleges wrongdoing, you’ll need to conduct a thorough internal investigation. That may mean interviewing employees, supervisors and even customers. But be careful how much information you share with those you interview. If you indiscriminately discuss the comments of others who were interviewed, it may constitute defamation. Texas law only protects communications made in the course of a wrongdoing investigation if disclosure is limited to people who have a legitimate reason to know …

NC employees can win bigger windfall in harassment suits

10/01/2007

In North Carolina, it’s not just sexual harassment lawsuits brought under federal law that you have to worry about. Your organization could face state tort law claims, such as “intentional infliction of emotional distress” or “negligent supervision” if an employee’s behavior is extreme enough and management doesn’t take steps to stop it …

HR tracking system helps ensure equal treatment

10/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. And that’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate the types of problems and any discipline levied …

Disciplining employees under the modern employment laws

10/01/2007

Ask employers what their toughest challenge is, and they probably will mention discipline. It seems no one likes to play parent in the workplace. On the other hand, there’s no way to avoid it …

4 strategies can put a stop to unauthorized overtime

10/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to a policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …

 

How to prevent employees from abusing PTO leave

10/01/2007

A reader of our e-mail newsletter, HR Weekly, recently posed this question to the e-letter’s Q&A Forum section: “We allow employees to take paid time off (PTO) in hourly increments, but they often use PTO when running late in the morning or for unexpected ‘appointments.’ How can we get a rein on our PTO leave?” …

Fair discipline process is key to avoiding lawsuits

10/01/2007

Do you have an employee who grates on everyone’s nerves and makes unreasonable demands on subordinates? Are you afraid to discipline the employee because he or she belongs to a protected class (e.g., race, age, sex)? Fear no more! As long as you use a fair process to correct the employee’s shortcomings, chances are he or she won’t win a lawsuit …

Steelworkers drop discipline against Goodyear strikebreakers

10/01/2007

The United Steelworkers have dropped disciplinary action against four former members who defied the union’s three-month strike at the Goodyear Tire & Rubber plant in Akron this summer …

Speedway SuperAmerica prevails on retaliation charges

10/01/2007

Speedway SuperAmerica, the Enon-based convenience store chain, won a recent sexual harassment and retaliation lawsuit by a former cashier in a West Virginia store. The cashier alleged that she endured repeated sexual harassment by a co-worker. Shortly after complaining, she came up $200 short on her cash register. The company did not accuse her of stealing, but fired her …

Separate the decision-Maker from the investigation

10/01/2007

When it comes to internal investigations looking into potential wrongdoings, it’s a good idea to put a wall between the investigator and the ultimate decision-maker. The investigator should present the facts of the case and leave drawing conclusions and deciding discipline to someone else …