Discipline / Investigations

Don’t suggest retirement in lieu of discipline

04/14/2022

Take care when disciplining older workers. You could be falsely accused of age discrimination if you end up firing the employee. Even a well-intentioned suggestion that the employee may want to retire rather than face termination can be a huge mistake.

OK to penalize fighting, even if provoked

03/31/2022

Will Smith’s Oscar night slap upside Chris Rock’s head may have only bruised celebrity egos, but it shined a spotlight on the importance of preventing physical conflict in professional settings. For employers, that usually means enforcing a strict policy that prohibits all physical violence.

Offer paid suspension while you investigate allegations

12/16/2021

When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

HR pros gain broad Title VII protection

06/17/2021

A recent federal appeals court decision may be good news for HR pros and bad news for employers that think they can get away with retaliation if they try to quash discrimination investigations.

Track, date all steps in disciplinary process

06/08/2021

When employees figure out they are about to get in trouble at work, expect a flurry of complaints and requests for job-protected leave. These desperate measures are based on the belief that employers can’t fire anyone who has a pending discrimination or harassment case, or who is out on some form of medical leave. However, that doesn’t mean you can’t impose discipline for actions unrelated to an employee’s protected status.

Document reason for every act of discipline

03/25/2021

Always record the facts of every incident that warrants discipline, including the exact reason you chose to punish the employee the way you did. It’s the best way to head off an employee lawsuit alleging she was disciplined harshly because of some protected characteristic.

When you learn you employ a Capitol rioter

01/14/2021

Imagine you learn one of your employees was part of the hoard of rioters who stormed the U.S. Capitol on Jan. 6 in an act of open rebellion against the United States. Can you fire this person?

Suspect bullying? Intervene fast

09/23/2020

Take all claims seriously. Bullying can lead to physical violence, long-term psychological damage—and the harassment lawsuits that accompany them. Here are several tactics to use when following up on your suspicions.

Discipline looming? Expect complaints to be filed

08/13/2020

Employees sometimes try to head off a suspected firing by filing internal complaints. They hope their employers will be so afraid of a retaliation claim that they put the termination on hold. It doesn’t always work.

How to discipline despite ‘protected’ activity

07/02/2020

Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.