by Mark Flora
Recently, I realized that my desk was covered with recent National Labor Relations Board (NLRB) decisions (and articles about those decisions) I needed to review. The problem is, the Board is intruding into nonunion workplaces with such ferocity that it is impossible to keep up. The self-described Rip Van [...]
Archive for the 'Discipline and Employee Misconduct' Category
by Mark Flora
by Timothy M. Barber
With another round of contentious elections upon us, employers should brush up on federal, state, and local laws related to political affiliation discrimination.
Too bad workplaces don’t come with the technology that allows employers to replace curse words with the bleeps so often heard during profanity-laced tirades on television. Then, maybe, the National Labor Relations Board (NLRB) wouldn’t be called on to settle disputes such as one that occurred after a bikini contest at a Hooters restaurant in [...]
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 [...]
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 [...]