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Discipline / Investigations

Document exactly why you fired employee

06/11/2012

In this economy, employees who have been fired often resort to litigation. Jobs are scarce and litigation looks lucrative. Smart employers protect themselves by carefully documenting exactly why they fired employees.

Beat bias charges by documenting specific reasons for the discipline you choose

06/11/2012

All employees are supposed to be treated equitably, regardless of their protected class. But just as each employee is different, so may discipline sometimes differ. To account for those differences, be very specific about the underlying reasons for your discipline.

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

Ex-Cherry Point employee admits to embezzlement

06/01/2012
A former employee at Marine Corp Community Services, which provides recreational and social services at Cherry Point Marine Corps Air Station, has admitted she used a government credit card to embezzle approximately $74,000.

Beware disciplining by withholding pay raises

06/01/2012
Any adverse employment action—including withholding an ex­­pected pay increase—can form the basis for a discrimination lawsuit. If you hold back raises to punish rule-breaking, make sure you can show you do so impartially.

Employees fighting? Sort out facts, punish accordingly

06/01/2012
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.

Patience, careful documentation pay off when disciplining underperforming employees

05/21/2012

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.