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Discipline / Investigations

Vague claims of illness not enough to trigger liability

07/01/2007

Employees should notify their employers before taking FMLA leave—30 days ahead if possible. In cases of emergencies or sudden illnesses, employees must let their employers know as soon as is practical. But that doesn’t mean calling in sick or providing a vague doctor’s note is enough …

How to prevent employees from abusing PTO leave

07/01/2007

A reader of our e-mail newsletter, HR Weekly, recently posed this question:  “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?”

To be safe, always double-Check supervisor’s allegations

07/01/2007

When it comes to discharging an employee, be careful not to simply accept a supervisor’s opinion of the employee’s performance. If the supervisor is effectively hiding an underlying problem with persons belonging to a protected class and you don’t check for yourself whether the employee deserves to lose the job, you may end up costing the company money …

Court finds Wayne State responded adequately to harassment claims

07/01/2007

According to the U.S. District Court, Eastern District, Wayne State University appropriately handled sexual harassment complaints by an assistant director in the university’s Center for Chicano-Boricua Studies …

Discrimination probe stirs more complaints about Michigan DNR

07/01/2007

Six months after a state investigation revealed an “oppressive culture” of intolerance and bullying toward women and blacks in the Law Enforcement Division of the Michigan Department of Natural Resources (DNR), the agency is still reviewing the report, and other employees have stepped forward to reinforce its findings …

OK to apply different discipline standards to new employees

07/01/2007

If you classify employees as either permanent or probationary, you can apply different disciplinary standards to the different classifications. That’s true even if the employees perform the same job and violate the same rules …

Track all disciplinary actions to head off disparate-Treatment claims

07/01/2007

When employees sue under the employment discrimination laws of Ohio, they often allege disparate treatment and try to show their employer treated members of their protected class (e.g., age, race, sex) more severely than other employees. The key to a good defense lies in tracking each and every disciplinary action when it occurs …

Prompt action by management is key to winning hostile-Environment lawsuits

07/01/2007

The Ohio Fair Employment Practices Act makes it illegal to subject employees to a racially hostile work environment. But not every hostile act does a lawsuit make. Much depends on management’s response to such hostility …

Suspect employees of theft? Questions are OK, but detaining risks ‘False imprisonment’ claim

07/01/2007

A high percentage of workplace theft is the work of insiders. That’s one reason you may want to question employees when money or goods disappear. But don’t act like the police …

Echoes of Virginia Tech: ‘Copycat comments’ lead to firings around U.S.

06/13/2007

“If I get one more write-up, if you think they had a problem in Virginia, it’ll be worse here.” That comment by  a Suffolk County (NY) Community College employee led to his arrest. At SeaWorld in Florida, a “joke” about the Virginia Tech shootings earned an employee the same fate. Here’s how to handle such comments in your organization. Plus, learn the 8 warning signs of violent worker behavior.