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Discipline / Investigations

No need for OK before misconduct investigations

01/01/2004

Good news: You no longer have to notify employees suspected of workplace misconduct that they are targets of third-party investigations. Congress recently altered the Fair Credit Reporting Act (FCRA) …

Don’t expect those on FMLA leave to ‘stay home and shut the blinds’

12/01/2003
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing …

Workplace gossip doesn’t count as protected speech

12/01/2003
Americans can speak their minds as they wish in many places, but your workplace isn’t one of them. First Amendment free-speech rights do not extend to the private workplace. So don’t …

When can you ask employees about their prescriptions?

12/01/2003
Issue: The Staten Island Ferry crash in October raised the issue of when you can investigate employees’ prescription use. Risk: You could spark an ADA suit by asking too many …

It’s OK to discipline employees for public displays of affection

11/01/2003
If employees’ on-site amorous actions are making you or their co-workers uncomfortable, don’t be afraid to tell the lovebirds to withhold their romance for more private, off-premise moments. Courts will likely …

You may need to offer flex schedule as ADA accommodation

11/01/2003
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

‘Self-defense’ is no excuse for ignoring anti-violence rules

11/01/2003
Issue: Employees may try to use “self-defense” as a reason for breaking your no-fighting rule.
Risk: That would limit your ability to punish violent workers …

Play it safe: Craft policy banning supervisor/subordinate relationships

11/01/2003
Issue: Personal relationships between employees and their bosses are ripe conditions for legal trouble.
Risk: Any form of quid pro quo (“this for that”) exchange of sexual favors for job …

Don’t ‘call out’ staff slackers in public

10/01/2003
Reprimands and demotions are a normal part of managing people. But don’t let supervisors take it a step further by broadcasting a reprimand to those with no reason to know.
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