Discipline / Investigations

Same incident, two punishments: Be able to explain why one was harsher

01/13/2013

You don’t always have to punish two employees who break the same rule exactly alike. Just make sure you explain the difference for the record. That kind of documentation will prove crucial if an employee decides to sue.

N.Y. High Court rules on disciplinary definitions for public employees

01/13/2013

Although public employers may be aware of their obligation to provide certain types of employees with an opportunity for a hearing before imposing discipline (such as a written reprimand), the line between a nondisciplinary counseling memorandum and a disciplinary reprimand is not always clear.

Discipline meetings: 4 tips for doing them right

01/11/2013

If they’re doing their jobs, HR and managers must periodically have “the talk” with problem employees. How this meeting is conducted can mean the difference between turning around a marginal employee and opening the organization to costly litigation.

Use discipline record to select employees for RIF

01/01/2013

Absent a union contract or other established rule, you don’t have to use seniority to decide which employee should be laid off. You can use any objective measure.

New York towns may discipline cops outside terms of union contract

12/30/2012

A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Investigations must be thorough, but not bulletproof to justify discipline

12/10/2012

Here’s some good news for those handling discipline and wondering whether your decision will stand up in court: You don’t always have to be exactly right, just fair and honest.

Workplace romance gone bad? Don’t hesitate to terminate if you perceive danger

12/01/2012

Not every romance ends happily ever after with a storybook wedding. But with the passage of time, most breakups don’t leave a lingering mess. That’s not necessarily true of workplace romances gone sour, where the former love birds may remain in regular contact with each other.

Track all discipline just in case employee sues

11/29/2012

Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.

Discovered unsuspected wrongdoing? Fire away!