News

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case—if you can show you would have disciplined or fired the worker even if she wasn’t on leave.

It’s fine to hold managers to a higher standard of conduct than regular employees. While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.

Disciplinary and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. You need to be prepared for anything, including employees who “let it all out” in long, loud tirades.

Progressive discipline typically escalates from verbal warnings to written warnings to an adverse employment action, such as suspension or discharge. It’s crucial to do it right to avoid a lawsuit. Here are some key progressive discipline pointers.

There’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.

Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.

I work for a police department. When we need to counsel an employee, but not yet discipline them, how do we document the counseling session?

We suspended an employee without pay for violating our attendance policy. Is that OK?

We’ve said it many times, but it bears repeating: The best way to prevent lawsuits is to carefully document every employment decision. HR professionals and supervisors should be able to show exactly when a decision was made, who made it and what the basis for the decision was.

The five elements every disciplinary document should include.