Archive for the 'Discipline' Category
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
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by Joseph C. Pettygrove
Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday after [...]
Posted in ADA, ADA, ADA Accommodation, Absenteeism, Discipline, Discipline and Employee Misconduct, Employee Leave, Employee Leave, FMLA, FMLA, FMLA Military Leave, Handbooks, Handbooks and Policies, Indiana, Intermittent Leave, Jury Duty, Military Service, Paid Time Off, Policies by: Indiana Employment Law Letter
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by Reggie Gay
Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps reapplying. [...]
Posted in ADA, ADA, ADA Accommodation, ADEA, Age Discrimination, Disability Discrimination, Discipline, Discipline and Employee Misconduct, Discrimination and Harassment, Documentation, Documentation, Hiring, Hiring, National Origin Discrimination, Performance Evaluation, Race Discrimination, Religious Discrimination, Sex Discrimination, South Carolina, Supervisor Training, Title VII, Workplace Discrimination by: South Carolina Employment Law Letter
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The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have [...]
Posted in Discipline, Discipline and Employee Misconduct, Discrimination and Harassment, Document Retention, Documentation, Documentation, Hiring, Hiring, Interviewing, Performance Evaluation, Rhode Island, Termination, Terminations, Workplace Discrimination by: Rhode Island Employment Law Letter
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Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies [...]
Posted in ADA, ADA, ADA Accommodation, Absenteeism, Alabama, Break Time, Discipline, Discipline and Employee Misconduct, Documentation, Documentation, Employee Misconduct, Employment At Will, Employment Contracts, FLSA, FMLA, FMLA, Handbooks, Handbooks and Policies, Performance Evaluation, Policies, Wage and Hour Law by: Alabama Employment Law Letter
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Most employers understand that they should discourage the use of subjective criteria to make hiring, advancement, and severance decisions. However, many supervisors still insist that they must consider subjective criteria because factors like “attitude,” “initiative,” and “reliability” simply can’t be made objective. True or false? Let’s break it down.
Every employee undoubtedly has certain tasks that [...]
Posted in Absenteeism, Discipline, Documentation, Hiring, Hiring, Job Descriptions, Layoffs, North Dakota, Performance Evaluation, Severance Agreements, Termination, Terminations by: North Dakota Employment Law Letter
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by David M. Stevens
On September 30, in one of its most prolific moves of 2010, the National Labor Relations Board (NLRB) issued 28 decisions addressing a variety of issues affecting labor-management relations and the scope of prohibited employer conduct in the context of union elections.
Posted in Benefits, Collective Bargaining Agreement, Discipline, FMLA, FMLA, FMLA Leave, Maryland, NLRB, Policies, Protected Concerted Activity, Termination, Terminations, Union Organizing, Unions by: Maryland Employment Law Letter
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by Robert A. Berry
Business is tough. It’s even harder in today’s climate — and that’s assuming all of your employees are working for the good of the business. Unfortunately, that’s not always the case. It may be a valued and trusted employee with many years of dedicated service, or it may be someone new or [...]
Posted in Background Checks, Discipline, Discipline and Employee Misconduct, Documentation, Electronic Workplace, Employee Misconduct, Employment At Will, Handbooks, Handbooks and Policies, Hiring, Hiring, Idaho, Identity Theft, Policies, Termination, Terminations, Trade Secrets, Unemployment, Workplace Investigation, Workplace Technology by: Idaho Employment Law Letter
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by Dennis J. Merley
The “will he or won’t he” retirement saga of Minnesota Vikings quarterback Brett Favre has been a source of speculation and a modest degree of amusement in the sports world. His more recent “did he or didn’t he” events, however, raise serious issues that HR professionals and employment lawyers know all too [...]
Posted in Discipline, Employee Misconduct, Minnesota, Sexual Harassment, Texting e-mail and the Internet by: Minnesota Employment Law Letter
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by Mark I. Schickman
You may have heard that California is going broke. As we look for more ways to generate revenue, one idea keeps cropping up: Move marijuana out of the underground economy and develop a new tax-generating agricultural product. Medical marijuana clubs have sprouted all over the state, and the November general election will [...]
Posted in California, Discipline, Discipline and Employee Misconduct, Safety in the Workplace, Union Organizing, Unions by: California Employment Law Letter
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