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' Category
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 [...]
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 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 Jeanine Poole
The turn of the year is often a good time to review company policies. We’re weighing in with some favorite perennial professional resolutions and perhaps a few new suggestions that might make for a happy 2014.
by Jeff Sloan
The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR [...]
The end of the year is a time that’s both hectic and reflective, and it’s that reflective thinking that’s put to use in evaluating employee performance. Whether evaluations are done at the end of the year, the beginning of a new year, or at various times, it’s important to keep the basics of legally sound [...]
by Gary S. Fealk
The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.
Firing an employee—especially a longtime employee who seems to be a loyal, hardworking asset to the employer—is never easy. But policies exist for a reason, and when they’re broken tough decisions need to be made.
A recent termination of an employee apparently trying to do the right thing has sparked headlines and illustrates the dilemma [...]