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Discipline / Investigations

High court gives ‘quitters’ new legal power

07/01/2004
Don’t make the mistake of assuming that your obligation to investigate a harassment complaint ends when the victimized employee quits.
Reason: The U.S. Supreme Court just ruled that employees who …

More reason to stop harassment: Even ‘resignees’ can sue

07/01/2004
Issue: Whether employees who resign have the same right to file harassment lawsuits as those who are fired. Risk/benefit: A new Supreme Court ruling says “Yes,” quitters can sue. But …

Get tough with habitually absent employees

07/01/2004

Q. We have a new administrative employee in our pediatric office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is in shambles. Can I put her on written warning for excessive absences? Can I terminate her? —C.F., Georgia

What’s the cost of a chair? A lot less than a lawsuit

07/01/2004
Issue: Minor squabbles between employees and supervisors escalating into illegal “discipline.” Risk: If left unchecked, they can escalate, resulting in discrimination or retaliation claims. Action: Use the following case …

Here’s more reason to police supervisors’ compliance

06/01/2004
Issue: How much oversight should your organization exert on supervisors who handle potentially violent situations? Risk: Letting one misguided supervisor call the shots …

Don’t wait for a complaint to punish misbehaving staff

06/01/2004
Issue: Some supervisors believe in a “No complaints, no problem” motto. Risk: By ignoring blatant harassment or discrimination, supervisors open the organization to “negligent supervision” lawsuits. Action: Educate supervisors …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Don’t dock employees for time worked

05/01/2004

Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. Now, we have a policy that docks employees 15 minutes if they’re four or more minutes late returning from a break. Is this legal? —J.B., Texas

Alcoholics may be protected by ADA, but don’t tolerate at-work drinking

04/01/2004
You may be surprised to discover that the Americans with Disabilities Act (ADA) may protect workers who are alcoholics, even if they currently drink. To earn ADA protection, an alcoholic’s addiction …

Attendance policy: Control absenteeism without breaking the law

04/01/2004
THE LAW. Regular attendance is obviously a key job function for most of your employees. But despite your freedom to set and enforce attendance rules, you also face key legal …