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Archive for the 'Discipline' Category

« Previous Entries

Managing the workplace during the holidays

December 13, 2012 at 8:55 pm by: Arizona Employment Law Letter

by Joseph Godwin
Company holiday celebrations have a well-deserved reputation for resulting in employer headaches. Alcohol consumption at parties, gag gift exchanges, questionable wardrobe choices, Dirty Dancing moves, excluding spouses or domestic partners, and a host of other factors have made the office party the “most wonderful time of the year” for employees’ lawyers. You don’t [...]

Posted in Absenteeism, Commentary, Discipline, Diversity, Employee Misconduct, Handbooks and Policies, Policies, Religious Accommodation, Vacation by: Arizona Employment Law Letter
No Comments

Employees, applicants, and jail: What HR should do?

September 6, 2012 at 9:00 pm by: Tammy Binford

An employee is arrested and something must be done. Do you fire the employee because you don’t want to put up with someone who lands in jail? Or do you wait to get the facts, maybe even wait for the legal system to run its course before making an employment decision?
A related quandary is with [...]

Posted in Background Checks, Discipline, Discipline and Employee Misconduct, Discrimination and Harassment, Employee Misconduct, Employee Privacy, Hiring, Hiring, Interviewing, OSH Act, Policies, Safety in the Workplace, Workplace Discrimination, Workplace Violence by: Tammy Binford
3 Comments

Sensitive conversations need to pass the ’smell test’

August 23, 2012 at 9:00 pm by: Tammy Binford

HR professionals may not go looking for trouble, but that doesn’t mean trouble doesn’t go looking for HR. Complaining employees regularly find their way to HR and often demand a solution to a problem they either don’t want to handle themselves or should leave to management. One such problem is a coworker with an offensive [...]

Posted in ADA, ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, Discipline, Discipline and Employee Misconduct, Discrimination and Harassment by: Tammy Binford
No Comments

The proof is in the paper trail

August 14, 2012 at 9:00 pm by: West Virginia Employment Law Letter

by Julie A. Arbore
One of the most effective ways an employer can shield itself from liability when faced with an allegation of discrimination is to be able to support the legitimacy of the challenged employment decision with documentation. While this advice may sound simple and obvious, all too often an employee’s [...]

Posted in Absenteeism, Discipline, Discipline and Employee Misconduct, Documentation, Documentation, Employee Misconduct, Performance Evaluation by: West Virginia Employment Law Letter
No Comments

Social media fame: harmless or damaging to employers?

August 9, 2012 at 9:00 pm by: Tammy Binford

Seen any viral videos lately? Maybe a more pertinent question is: Fired anyone over a viral video lately? Videos and other social media posts run the gamut from cute kittens to dancing wedding parties. Sometimes, though, they delve into more serious subjects and become statements on political and social issues — issues that can embarrass [...]

Posted in Arizona, Delaware, Discipline, Discipline and Employee Misconduct, Documentation, Documentation, Employee Misconduct, Employment At Will, NLRA, NLRB, Policies, Social Networking, Termination, Terminations, Texting e-mail and the Internet by: Tammy Binford
1 Comment

Wasting Time at Work: Do You Try to Stop the Madness or Just Go with It?

March 27, 2012 at 9:00 pm by: Tammy Binford

It’s March — the culmination of a long and productive season for the country’s top college basketball teams. It’s also the beginning of a less productive season in the workplace.
March Madness may serve to sharpen the focus of the athletes playing in the college championship tournament, but the Big Dance often has the opposite effect [...]

Posted in Discipline, Discipline and Employee Misconduct, Employee Morale, Employee Privacy, Policies, Social Networking, Supervisor Training by: Tammy Binford
No Comments

Similarly Situated Employees Doesn’t Mean Identical, Seventh Circuit Says

March 13, 2012 at 9:00 pm by: Indiana Employment Law Letter

by Jeffrey S. Beck
Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can turn [...]

Posted in Discipline, Discipline and Employee Misconduct, Indiana, Race Discrimination, Sex Discrimination, Termination, Terminations by: Indiana Employment Law Letter
No Comments

At-Will Employment: Employer’s Dream or Toothless Tiger?

February 28, 2012 at 9:00 pm by: Tammy Binford

The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher.
HR professionals often struggle with termination decisions. The decision is easy [...]

Posted in Age Discrimination, Disability Discrimination, Discipline, Discipline and Employee Misconduct, Discrimination and Harassment, Employment At Will, Employment Contracts, Handbooks, Handbooks and Policies, Harassment, Montana, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sex Discrimination, State Laws, Termination, Terminations, Workplace Discrimination by: Tammy Binford
No Comments

Lessons Learned from Fight over Off-the-Clock Work

February 23, 2012 at 9:00 pm by: Tammy Binford

The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished [...]

Posted in Break Time, Discipline, FLSA, Illinois, Non-exempt Employee, Policies, Termination, Terminations, Unemployment, Wage and Hour Law by: Tammy Binford
1 Comment

Importance of Documentation in Employment Disputes

November 3, 2011 at 9:00 pm by: Michigan Employment Law Letter

by Gary S. Fealk
Discipline and termination are issues for virtually all employers. However, many employers make employment decisions with incomplete knowledge of the events leading to the discipline or termination. Having a system for investigating and documenting workplace incidents helps employers make decisions with better knowledge of the facts. Proper documentation also reduces the risk [...]

Posted in Absenteeism, Discipline, Discipline and Employee Misconduct, Documentation, Documentation, Employee Misconduct, Job Descriptions, Performance Evaluation, Termination, Terminations, Workplace Investigation by: Michigan Employment Law Letter
No Comments

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