Discipline / Investigations

OK to aggressively question suspected thieves—as long as your intent isn’t malicious

01/22/2010

Some employees are light-fingered, and it isn’t always easy to catch them stealing. Loss-prevention staff often presses hard when interviewing employees they suspect are pilfering. That’s appropriate, as is reporting the case to police. As the following case shows, aggressive questioning during an initial investigation doesn’t equal malicious intent.

Disciplining safety violators: Don’t just holler

01/20/2010

What do your supervisors do when they catch workers breaking a major safety rule? Simply yell at the worker? A new court ruling highlights the importance of enforcing safety rules with discipline and documentation.

Not sure it’s sexual harassment? Take steps to end it anyway

01/15/2010

Not every complaint about alleged sexual harassment turns out to be true. Sometimes, the harasser may simply be a difficult personality. He or she may have it in for all co-workers, and the harassment that someone complains about may be completely unrelated to sex. That doesn’t mean, however, that you should ignore the behavior. Your best bet is to discipline the employee.

You can’t choose the day for FMLA medical treatments

01/13/2010

Employees who suffer from chronic conditions may have to see their doctors regularly. Under the FMLA, if those employees give you 30 days’ notice, they’re allowed to pick the day for their appointment. You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.

Slouching doesn’t sit well with us: Can we discipline?

01/12/2010

A reader of The HR Specialist Forum asks: “What can I do about a data entry employee who doesn’t sit upright? I don’t mean ordinary slouching; this guy practically lies down in his chair! I’ve offered him a new chair, but he says he’s fine. I’m in charge of safety and I’m trying to prevent an injury claim. Can we reprimand him?”

When discipline differs, be ready to explain why

01/08/2010

Employees often sue for discrimination when they suffer harsher discipline than co-workers did. You can counter those bias claims by having clear records that show how you decided on the specific discipline each employee received. Explain why the punishments were different.

Flying pocketknife cuts into heart of employer’s policy

01/07/2010

Employers may suffer the slings and arrows of outrageous fortune from time to time. But when knives fly at work, supervisors better know the relevant company policies. Consider the case of an employee at the North Carolina Department of Transportation who was apparently the workplace prankster.

Employee stressed out by possible discipline? That’s no reason to halt the process

01/05/2010

Go figure: Some employees get stressed out when they suspect they’re facing serious discipline or even termination. That understandable anxiety doesn’t mean you have to stop the disciplinary process. Unless the employee asks for FMLA leave or otherwise gives you enough information to indicate that she has a serious health condition—and not just nerves—you can go ahead with your investigation.

Discovered poor work while employee was on military leave? Go ahead and discipline

01/04/2010

Employees returning from military service are entitled to come back to their old jobs, and they have other limited job protections, too. But those protections don’t mean employers can never discipline or demote employees who have been serving in the armed forces. Just make sure you’re doing so for legitimate business reasons, such as documented poor performance.

9th Circuit chief judge escapes porn-at-work punishment