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Discipline / Investigations

Beware disciplining worker who has claimed harassment

12/01/2010
Unless an employee has a poor performance history, don’t fire him a few days after he reports harassment.

Use deliberate process to make termination decisions–and demonstrate your good faith

12/01/2010

When you must terminate an employee, resist the temptation to “throw the book” at him by dredging up every possible mistake. That can backfire. Instead, make sure your termination process is respectful, careful and deliberate. An employer that seems reasonable almost always fares better in court.

Same offense, different discipline? Back it up

12/01/2010

Your progressive discipline probably gives you some flexibility to hand out different punishment, depending on the seriousness of the employee misconduct. As a practical matter, that means you must decide whether what one employee does is more serious than another’s similar transgression. Make sure you’re able to explain why one offense was worse than another and deserved harsher punishment.

Unionized? You may be able to use progressive discipline to address some forms of harassment

12/01/2010

If your organization is unionized and operates under a collective bargaining agreement that calls for progressive discipline, think twice before automatically firing an employee you believe has sexually harassed other employees. Unless your contract specifies discharge for a first harassment offense, you may have to follow your progressive discipline program.

When supervisors leave subordinates in tears, don’t hesitate to demote or fire them

11/29/2010

Some people aren’t cut out to be supervisors. Too bad employers don’t always realize that until a steady stream of subordinates make their way to HR with complaints. If it appears obvious that there’s a problem with the supervisor and not his subordinates, document the complaints and take action.

Cobra, bitten by lawsuit, pays for sexual harassment

11/29/2010
Delray-based construction companies, Cobra Pavers & Engineering and Cobra Construction have agreed to pay $125,000 to settle sexual harassment charges brought by women who worked in the firms’ offices.

Log misconduct or worker could get unemployment

11/29/2010

When you discharge an employee for misconduct, she theoretically isn’t eligible for unemployment compensation because the employee’s own poor behavior is what caused her dismissal. But you can’t be sloppy when you document the misconduct. Take the time to investigate before you terminate.

Bulletproof anti-harassment policy by ensuring employees know how to lodge their complaints

11/29/2010

It’s been over a decade since the U.S. Supreme Court laid down the law on what employers need to do to prevent and cure sexual harassment. That’s long enough for complacency to have set in. By now, some employers may have started taking sexual harassment less seriously than they did when the court first ruled. That’s a potentially costly mistake.

Spot supervisors’ hidden bias by monitoring daily stream of info flowing into HR

11/26/2010

Is a tendency toward discrimination hiding within your management ranks? If so, you may be courting real trouble. You need to ferret it out as soon as possible. But how? Obviously, few supervisors will openly advertise their bias. But you may be able to spot it in the reams of information that routinely flows into HR.

Minneapolis lawyer faces prison time for fraud

11/26/2010
Michael Margulies, a former partner at the Minneapolis law firm Lindquist & Vennum has pleaded guilty to mail fraud, admitting in court that he had embezzled $2.5 million from the firm and its clients. He could face up to 20 years in prison.