Discipline / Investigations

Harassment investigations: What to ask

10/14/2016

When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.

Patience key to lawsuit-proof firing decisions

09/26/2016

When a fired employee sues you, winning often depends on careful documentation that demonstrates how her performance did not meet your standards.

Compare planned discipline with previous incidents

09/16/2016

When it comes to discipline, the key is equitable enforcement. Otherwise, someone might sue.

Keep a civil workplace: 7 tips

09/08/2016

When managers treat employees professionally and with courtesy, bullying will never become an issue. Here are seven do’s and don’ts.

Consistent discipline stands up in court

08/24/2016

Employers that consistently enforce their rules fare best when they are sued over alleged discriminatory discipline.

4 questions to ask before you issue a write-up

08/21/2016

They’re potential lightning rods for employee anger and potential legal landmines. Before you discipline an employee in writing, ask yourself these questions.

Your best practice: progressive discipline

08/05/2016

In general, using a sensible progressive discipline program and documenting all disciplinary actions will help you justify a discharge—even in the face of apparent prejudice or bias on the part of individual managers.

Are disciplinary records clear and complete? Documentation only works if it’s accurate

08/01/2016

We say it over and over again: Document, document, document! But perhaps a little more clarity is in order: Document accurately, so there can be no doubt that you clearly recorded the details of violations that led to discipline.

Note all details that went into your decision to discipline an employee

07/18/2016

Always record the details of your disciplinary decisions at the time you make them. Document as if you are assuming that litigation will result from every disciplinary act.

Document performance problems even if they are not serious enough to warrant discipline

07/13/2016

Sometimes, an employee’s performance problems may not seem serious enough to warrant a formal performance improvement plan. However, you should be sure to document the problems anyway. Those records will be useful if you later have to terminate someone for economic reasons.