Discipline / Investigations

It probably seemed like a good idea at the time

12/01/2009

A South Florida secretary e-mailed a bomb threat to American Airlines to make sure her boss had time to catch a pre-Thanksgiving flight from Miami to Honduras. The plane was detained—and so was Claudia De La Rosa after police traced the e-mail back to her work computer … Police arrested her for making a false bomb report, a crime punishable with a prison term of up to 15 years.

Disciplinary mistake? Set it right—pronto!

11/27/2009

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean a long and expensive lawsuit. On the other hand, courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and take real measures to make sure any potential negative effects of a disciplinary action have been removed.

OK to label attendance an essential function

11/24/2009

It seems logical—employees who can’t come to work won’t be able to perform the essential functions of their jobs. It may be possible to accommodate some disabled employees by letting them work from home, but that’s not true of most jobs.

Watching the detectives: A cautionary tale on employee privacy

11/16/2009

When it comes to work-related matters, many private-sector employers think that employees’ rights to privacy are limited, if they exist at all. A recent $1.8 million jury verdict should help dispel that myth.

Sample Policy: Violence and Weapons

11/11/2009

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Attitude, absence & foul language: 3 scripts for those conversations you’d rather not have

11/10/2009

Paul Falcone, author of 101 Tough Conversations to Have with Employees, offers these scripts to follow when you need to have awkward but essential conversations with employees. Here’s what managers should say after they’ve said, “Hey, got a minute?”

Is refusing to sign a disciplinary notice itself a reason for further discipline?

11/05/2009

Q. We recently disciplined an employee for poor performance. She did not agree with our assessment and is refusing to sign the memo documenting our discussions. Can we discipline her for her refusal to sign this memo?

Keep memos, other documents leading up to discipline

11/02/2009

You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.

Beware disciplining employees for FMLA-related tardiness

10/26/2009

Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness, as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

Don’t use discipline system to settle old scores

10/22/2009

Do you have a progressive disciplinary system? Don’t short-circuit it!