Discipline / Investigations

Record infraction, punishment for every rules violation

10/21/2009

Make a note every time you take disciplinary action against an employee. You need documentation that explains why each employee was punished.

8 keys to effective performance appraisal

10/13/2009

It happens to every manager: You sit down to prepare a staff member’s review and realize you can remember only what the person has done the past few weeks. Supervisors should never rely solely on memory to evaluate employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Here’s how.

Handle supervisor harassment with a good policy, timely investigation and independent review

10/12/2009

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

How to reduce liability for harassment: Do the right thing

10/11/2009

In a case that has simple yet profound lessons for employers, the 7th Circuit Court of Appeals has ruled that an employer wasn’t liable for co-worker harassment—all because the company acted fast and effectively when it discovered the harassment.

Investigate even ‘frivolous’ complaints

10/09/2009

It may be tempting to ignore complaints you suspect are frivolous or unfounded. Don’t give in to that temptation! Instead, investigate the case as you would any other. Then resolve the matter and document everything—including whom you talked to and what they said. It’s the best way to short-circuit a meritless employee lawsuit.

Can we require employees to get flu shots?

10/06/2009

Approximately 3 million doses of the vaccines designed to prevent the H1N1 flu virus—swine flu—shipped last week. Local health authorities are preparing to offer vaccines as early as this week. Can you—should you?—demand that your employees get flu shots?

Before firing, make sure you treated others just the same

10/05/2009

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.

Make sure HR reviews each firing in advance

09/28/2009

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

Check reason before approving post-complaint discipline

09/25/2009

Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining. Relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.

It takes two to have an argument—suspend both when beefs get out of hand

09/21/2009

It’s a fact of life: Employees get into arguments at work. Obviously, you can’t let a situation get out of hand. But be careful how you discipline the individuals. That’s especially important if there’s no clear evidence about who said what to whom. If you decide to suspend one employee, suspend the other one, too.