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Discipline / Investigations

Sudden vigilance of company rules can look like retaliation

12/01/2006

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation …

Employees criticizing the firm? Where to draw the line

12/01/2006

Execs and supervisors may bristle at criticism from employees and instinctively want to punish offenders. But that apparent insubordination can sometimes be considered protected speech under federal or state law. Knowing what’s protected and what’s not is key …

When disciplining employees, equality is vital

12/01/2006

The mantra in real estate is “location, location, location.” But the mantra in employee discipline must always be “consistency, consistency, consistency” …

Should we require harassment claims be in writing?

12/01/2006

Q. Our new plant manager wants me to revise our sexual harassment policy to require that complaints be in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

How to prevent employees from abusing PTO leave

11/01/2006

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

Tardiness Can Count as ‘Misconduct’ That Bars UI Benefits

11/01/2006

Under Florida law, employees who are fired can’t collect unemployment compensation if you fired them for "misconduct."  Unfortunately, the law doesn’t clearly define misconduct …

Halting manager’s duties during probe isn’t punishment

11/01/2006

When an employee complains about race discrimination, you know to immediately investigate. But what if a manager complains about her subordinate’s racial comments? Can the company tell the manager to hold off disciplining the employee until it’s had a chance to investigate the discrimination claim? Yes, as a new ruling shows …

Ban on ‘Union Yes’ Button Isn’t Free-Speech Violation

11/01/2006

Texas public employers have broad rights to prohibit certain kinds of speech in the workplace, but those rights aren’t unfettered …

You can fire managers who ignore harassment complaints

11/01/2006

The best harassment policy in the world isn’t worth the paper it’s written on if employees don’t take it seriously. To show your policy has teeth, you have to let it bite …

Workers’ comp liability for aging employees

11/01/2006

Q. One of our employees is over age 70 and has had a broken foot, memory problems and a recent car wreck that caused some residual problems. Should we allow her to work? What can we do (if anything) to protect ourselves from potential workers’ comp claims should she injure herself?