Discipline / Investigations

Disability doesn’t provide immunity from discipline or termination

11/08/2017

Some workers wrongly believe a disability immunizes them. If they are disciplined or terminated, they often sue. Those lawsuits will be dismissed early in the legal process if the employer takes the litigation seriously and explains exactly why the worker was disciplined or fired.

Being rude isn’t a protected ethnic trait

10/18/2017

Here’s a reminder to stick with solid explanations when documenting discipline. If you have facts to back up your decision, an employee’s spurious claim of some sort of discrimination likely will be dismissed.

Make sure your good records are dated, too

10/12/2017

When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

Carefully document sudden performance slide

10/11/2017

Sometimes an excellent employee who has received great reviews and consistent raises exhibits a sudden performance decline. When that happens, be sure to carefully document the changes in his or her work.

How to question a witness about a workplace incident

10/11/2017

In questioning someone, you suddenly gain power over that person … and it’s incredibly easy for that to go wrong.

Use your ‘poker face’ when hearing complaints

09/14/2017

When listening to employee complaints of potential discrimination or harassment, your brain may be thinking “You’ve got to be kidding me!” but your face and voice need to say, “I hear your complaint and will investigate it fully.”

Are you obligated to investigate before firing? For at-will employees, you have discretion

09/12/2017

What kind of investigation, if any, is required before an employer can fire a worker for what it believes is some kind of misconduct?

Should you ‘write up’ an employee?

08/23/2017

When it comes to negative employee behavior, should you jump to write a formal written warning? It depends. Start with a face-to-face meeting to discuss issues and set expectations, but if that doesn’t work, draft a written warning.

Courts often cut slack for missing minor deadlines

08/09/2017

Don’t expect a quick dismissal of a lawsuit just because the employee or his lawyers miss a deadline. Courts are quick to grant extensions in the service of “justice” and won’t come down hard for seemingly minor deadline misses.

Prepare to defend against every lawsuit, even the ones that are obviously weak