Discipline / Investigations

Zip it! Keep all investigations confidential

07/17/2013

Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

When firing, consider all the circumstances–but prepare for lawsuit

07/05/2013

Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. Your best defense against those lawsuits is to make sure you carefully document all discipline.

Worry about disciplinary inequities from one supervisor, not every boss

06/27/2013

Yes, all employees are supposed to be treated equally when they break the same rule. But when courts compare discipline, they don’t do so across the entire organization. They focus on one supervisor at a time. Company-wide variations are normal and not absolute proof of discrimination.

Create–and enforce–policy requiring honesty

06/26/2013

Employers want honest employees who don’t lie, cheat or steal. To encourage honesty, be sure your company has a policy requiring honesty. That way, it’s easy to terminate someone you believe has acted dishonorably.

Supreme Court defines ‘supervisor’ in bias cases

06/26/2013

In a major victory for employers, the Supreme Court has ruled 5-4 that, in Title VII discrimination cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The June 24 decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias.

Fair investigation all that’s needed to support discharge

06/24/2013

Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.

‘Wheel of Fortune’ could land worker in jail

06/19/2013

A North Carolina postal worker could wind up working in a prison mail room after pleading guilty to workers’ compensation fraud. Her problems began when former co-workers spotted her on the television game show “Wheel of Fortune.”

Speak freely to EEOC–it’s privileged communication

06/18/2013

Good news: You won’t be held personally liable—and neither will your company—for what you say in response to an EEOC complaint. Statements made in an EEOC investigation are privileged.

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013

You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.

Feel free to regulate worker conduct in company van

06/06/2013

Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.