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Discipline / Investigations

Same offense, same discipline? Not necessarily

10/01/2012

You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.

Keep careful HR records to demonstrate solid processes–and catch employee’s lie

10/01/2012
If an eventual lawsuit alleges that an employee submitted a form or sent a letter containing specific information, good records will make it easier to counter that claim. You’ll be able to tell the court about your process and then ask for an expert analysis of the document.

It’s all hilarious … until someone sues

09/21/2012
You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler. But what should you do when the jokes go too far?

Checks fly, banker goes to jail … and the bank fails

09/18/2012
The former president of Pinehurst Bank in St. Paul will serve 42 months in federal prison following convictions on five counts of misapplying bank funds in a 2010 check-kiting scheme. The resulting losses forced the bank to close in May 2010.

Portsmouth couple sentenced for embezzling union funds

09/17/2012
A union official will have 366 days to contemplate her actions after being convicted of embezzling from Portsmouth’s Carpenters Union Local 437.

Thorough investigation makes discipline stick

09/17/2012

If you really agonize over termination decisions, here’s a reason to relax a little. Firing someone for wrong-doing doesn’t require you to be absolutely right about what happened. As long as you conduct a reasonable investigation and make the decision based on the facts as you understand them, a court won’t second-guess you.

Even if you’re wrong, you can fire employee who’s on FMLA

09/17/2012
Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.

Make sure suspension policies apply equally to all

09/17/2012
Sometimes, when investigating serious charges against an employee, it’s best to temporarily suspend him. If you use this approach, always do so uniformly and apply the same rules to similarly situated workers. Don’t, for example, suspend some with pay and others without.

No unemployment if employee quits during investigation

09/01/2012
An employee who quits during a suspension and pending investigation isn’t eligible for unemployment benefits.

HR investigations: Good faith–not perfection–required

09/01/2012
Courts don’t expect perfection from an HR investigation. They just want to see that someone in authority took reasonable steps to learn the truth.