Archive for the 'Discipline' Category

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 [...]

Using Attendance Policies to Minimize Chronic Absenteeism at Work

August 11, 2011 at 9:00 pm by: Indiana Employment Law Letter

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 [...]

Former Employee Keeps Reapplying Despite Rejection Letters

July 14, 2011 at 9:00 pm by: South Carolina Employment Law Letter

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. [...]

In Employment Law Cases, It’s Not Just about Smoking Gun Evidence

April 7, 2011 at 9:00 pm by: Rhode Island Employment Law Letter

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 [...]

Top 10 Potential Perils of Employment Policies

January 27, 2011 at 9:00 pm by: Alabama Employment Law Letter

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 [...]

Making ‘Subjective’ Employment Criteria ‘Objective’

December 9, 2010 at 9:00 pm by: North Dakota Employment Law Letter

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 [...]

Wave of NLRB Decisions Offers Valuable Insights for Employers

November 8, 2010 at 2:15 pm by: Maryland Employment Law Letter

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.

Practical Steps for Addressing Theft in the Workplace

October 21, 2010 at 9:00 pm by: Idaho Employment Law Letter

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 [...]

How Much Does Brett Favre Case Reveal?

October 14, 2010 at 9:00 pm by: Minnesota Employment Law Letter

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 [...]

For Marijuana Workers’ Union, Hope Sprouts Eternal

September 23, 2010 at 9:02 pm by: California Employment Law Letter

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 [...]