Employee theft is an unpleasant reality in the workplace, but when the employee is still on the job, at least the employer can easily confront the worker. But what’s an employer to do if the theft is discovered after the employee leaves the job and moves out of state? Does the errant worker get off [...]
Archive for the 'Discipline and Employee Misconduct' Category
Ahh, the human resources department. The place where compassionate, friendly people solve problems in the workplace. A place filled with intelligent professionals uniquely qualified to turn conflict into comfort.
Or maybe that’s not what the HR department should be at all. Maybe HR should empower others to handle certain workplace issues on their own rather than [...]
Put a dozen human resources professionals together and ask them about problems related to the Family and Medical Leave Act (FMLA), and you’re likely to hear many dozens of stories. The rules can be complicated and intricate, and unscrupulous employees manage to find creative ways to take more leave than they’re entitled to have.
by Peter Lowe
The concept of zero-tolerance policies is rooted in the criminal justice system, and over the last 20 years, the policies have spilled over into our schools and workplaces. Zero-tolerance policies usually reflect a strong institutional stance on specific types of misconduct (e.g., drugs, theft, and violence) and consistency and severity in [...]
by Joe Godwin
In 2013, the Equal Employment Opportunity Commission (EEOC) investigated 93,727 charges of discrimination, which resulted in penalties totaling $372.1 million. Retaliation claims accounted for 41 percent of all the charges. The most frequent bases of claims across all statutes are related to discharge and discipline. Therefore, employers [...]
by Peter Lowe
Internal workplace investigations turn sour for a variety of reasons, including haste, poor preparation, ineffective documentation, and a lack of investigatory skills. But in my experience, the biggest obstacle to fair and thorough investigations is the bias of the investigator. When an investigator starts out with a preconceived [...]
What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?
Those were questions recently put [...]
by Randi J. Winter
Employers routinely conduct internal investigations in response to allegations of harassment, discrimination, retaliation, theft, and other forms of employee misconduct. Although conducting such investigations can be critical to your continued operations, you should be mindful of the importance of exercising neutrality and fairness during the investigative process.
by Christopher J. Pyles
Apologies to Adele, but the National Labor Relations Board (NLRB) has whispered some words in my ear that tell a story employers won’t want to hear. People may say crazy things ― and the NLRB won’t let a “no-gossip” policy stop them.
by Mark I. Schickman
Sometimes the Super Bowl is a great game, but more often, it’s a blowout long before the dip and punch disappear. In case we need something to hold our interest between the $8-million-a-minute commercials, here are some employment law points to think about as the Seahawks and Broncos square off, representing the [...]