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Discipline / Investigations

Wear kid gloves with accommodation requests; they are ‘protected activity’

03/01/2004
Alert managers that they can’t demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees …

Retaliation: Don’t retaliate against witnesses

03/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. The case: During an investigation into misconduct, employee Donny Abbott told supervisors …

Be consistent when you discipline and terminate

03/01/2004

Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination? —R.W., California

7 tips for documenting employee discipline

03/01/2004

You need to be careful when writing up employees for disciplinary reasons. To protect yourself and the organization, follow these guidelines when documenting employee discipline.

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

Use software to block employee music downloads

02/01/2004
Just one hip-hopping employee downloading tunes can sap your computer resources, expose you to legal problems and kill productivity. Advice: Make sure your computer-use policy prohibits music downloads and outlines punishments. …

No need to get employees’ OK before misconduct investigations

01/01/2004

Good news: Your organization no longer has to notify employees suspected of workplace misconduct that they are targets of third-party investigations. That’s because Congress recently reauthorized the Fair Credit Reporting Act …

Don’t take a manager’s word that he’s not retaliating

01/01/2004
Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …

React quickly to employee threats

01/01/2004
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be …

Don’t expect employees on FMLA leave to stay in bed

01/01/2004
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …