Discipline / Investigations

Managers commit 60% of all workplace misconduct

02/18/2014

In a poll of 6,400 U.S. workers, 41% said they have observed misconduct on the job. Then they named the culprits.

When is it OK to punish by docking pay?

02/13/2014

Q. May I dock an employee’s pay as a penalty for disciplinary infractions?

Smell alcohol on employee’s breath? What to do now

02/07/2014

When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

When porn is ‘research,’ First Amendment may apply

02/07/2014

Some professions in the public sector may benefit from constitutional protections more than other employees.

Alternative Dispute Resolution

02/01/2014

HR Law 101: In recent years, various forms of alternative dispute resolution have gained popularity. Mandatory arbitration in particular is attractive to employers because employees who sign arbitration agreements forfeit their right to sue in federal or state court …

Firing: You don’t have to be right, just honest

01/28/2014

Employees don’t always see eye to eye on discipline, performance appraisals or other workplace issues. But as long as you reasonably believe that your discipline was appropriate or your evaluation was on the money, you have little to fear. Simply put, the employee doesn’t get to second-guess your reasons.

Progressive Discipline

01/18/2014

HR Law 101: The most reliable way to protect your organization from charges of wrongful discharge is to establish and enforce a system of progressive discipline. Make it clear to all your supervisors that they’re expected to abide by your policy …

HR sleuth: How to conduct a workplace investigation

01/15/2014

Whether it is a small inquiry that might only involve a couple of questions, or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

1 comment won’t make hostile environment

01/15/2014

Here’s some good news for HR managers handling sexual harassment complaints. As long as you act fast, investigate and use your best efforts to prevent a repeat performance, one sexually explicit comment isn’t grounds for a lawsuit.

ADA: Drug and Alcohol Addiction

01/10/2014

HR Law 101: The ADA requires employers to walk a fine line between enforcing reasonable workplace safety and behavioral rules and making accommodations for those who are addicted to drugs or alcohol. The law doesn’t protect current users of illegal (i.e., “street”) drugs, but it does protect alcoholics and those who’ve shaken their drug addiction sufficiently to no longer be classified as active illegal users …