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Discipline / Investigations

Harassment alert! Negligent hiring/supervision law applies

02/26/2009

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Personal information on work computers: No expectation of privacy

02/24/2009

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

How should I deal with disrespectful employee?

02/24/2009

Q. One of our employees constantly twists around everything I say to make the situation seem worse than it is. For example, when I put her paycheck on the counter because she was busy, she told others that I threw it at her. She has lied about many incidents. I have spoken with her several times and indicated that her actions are unprofessional and disrespectful. This is not good for my reputation. I need a solution about how to deal with this employee.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Show you are serious about workplace safety

02/12/2009

You can and should punish employees who refuse to play by company safety rules. You’ll probably win any workplace injury case if you can show that the accident would never have occurred if the employee had followed the rules.

Ohio EEO official’s motto: ‘Do as I say, not as I do’

02/12/2009

The Ohio Department of Transportation’s equal employment opportunity contracts coordinator, responsible for making sure agency vendors comply with state and federal anti-discrimination laws, has been punished for sending racist and sexist messages through the agency’s e-mail system.

Attorney General’s office settles sex harassment claims

02/12/2009

Two women who filed lawsuits alleging they were sexually harassed while working for former Ohio Attorney General Marc Dann have settled their legal claims. Current Attorney General Richard Cordray announced that the agency had settled the women’s claims for $247,000 each, including attorneys’ fees.

What are our legal options? It turns out, an employee who is suing us was a thief!

02/12/2009

Q. Our company is being sued by an employee for discrimination. During the lawsuit proceedings, we discovered that he had been stealing from us. Do we have any recourse?

Preach zero tolerance for any harassment

02/12/2009

Employers are responsible if they know or have reason to know about a hostile work environment created by employees and do nothing to fix it. As a practical matter, what employers hear and see may be just the tip of the iceberg. Smart employers immediately attempt to get the whole picture and then correct the harassing behavior.

Set an example: It’s OK to punish managers more harshly than subordinates

02/12/2009

Impressions do matter, and employers are free to demand more of supervisors and managers than of those who sit lower on the company totem pole. All else being equal, you can treat it as a more serious violation when someone in authority breaks the same rule as an underling.