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Discipline / Investigations

‘How may I insult you?’ Rude salespeople ignite bias suits

06/01/2007

You’d think the sight of customers paying retail prices with real green money would be a sight for a salesperson’s sore eyes. That apparently wasn’t the case at a Dillard’s department store in Kansas City, which is now facing a messy lawsuit after a saleswoman shunned a customer …

‘Secret’ consensual love affair with supervisor doesn’t mean automatic employer liability

06/01/2007

While it’s never a good idea for someone with supervisory authority to engage in a sexual relationship with a subordinate, such an affair doesn’t always trigger employer liability …

Michigan supervisors can be personally liable for discrimination

06/01/2007

Can a supervisor be sued personally for alleged acts of discrimination in Michigan? Based on a January decision by the Michigan Court of Appeals, the answer is yes …

Docking pay isn’t legal; rounding time normally is

06/01/2007

Q. Is it permissible to dock pay for someone who clocks in late? We pay the employee for actual hours worked to the nearest quarter hour, but we also dock tardy employees an additional quarter hour.—P.P.

Indefinite suspension is retaliation, even without discharge

06/01/2007

When a company faces sexual harassment or other discrimination complaints, the investigation has to start as soon as possible. Sometimes that means suspending participants while you sort things out. A prompt conclusion to a thorough investigation is the key to avoiding retaliation charges when you tell everyone to take a “time out” …

Another reason to enforce violence policy: To avoid workers’ compensation liability

06/01/2007

Policies forbidding threats, fighting and other kinds of violence promote a harmonious and safe workplace, but there’s another good reason to ensure employees aren’t doing each other bodily harm. If you don’t take concrete steps to stem horseplay or outright aggression, you just might pay the price in higher workers’ compensation premiums …

After ‘Joke,’ SeaWorld Fires Employee for Shooting Threat

06/01/2007

When a SeaWorld employee told co-workers he idolized the Virginia Tech shooter and that he wanted to “do what happened at Virginia Tech here at SeaWorld,” SeaWorld promptly fired him and called the police …

Existing attendance policy ignored? Start enforcing rules now

06/01/2007

If your managers have been less than consistent about enforcing attendance policies, suddenly sticking to the rules could prompt lawsuits. But you can start enforcing the rules now without triggering trouble if you do it the right way …

Watch wiretap law when listening in on disciplinary meetings

06/01/2007

Have you ever wished you could have a verbatim record of an HR conversation, just as a hedge against a “he said, she said” dispute in court? Don’t hide a tape recorder under your desk until you’ve considered this …

When religion may prevent dress code compliance, check further before discipline

06/01/2007

Employers can establish reasonable dress code requirements, including grooming standards. However, it’s not an absolute right … If an employee cites religious reasons for not complying with the dress code, look further. Don’t automatically discipline …