Tag: Employee Discipline

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under […]

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When words used in a disciplinary report suggest implicit bias

by Barbara J. Koenig Implicit bias is an unconscious preference for or an aversion to a person or a group of people. In other words, we may have an attitude toward others or stereotype them without conscious knowledge of what we’re doing. If we act in accordance with our implicit bias, we may be discriminating […]

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ADA and Batman—by Robin

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcoholism and drug addiction present complicated issues under the […]

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Developing a PIP that will make employees comeback heroes—Tom Brady style

I’m sure you all watched or heard about the Super Bowl on Sunday night: Despite the fact that his team was trailing by 25 points, Patriots quarterback Tom Brady led New England on the greatest comeback in Super Bowl history. Brady’s season began with a four-game suspension for his involvement in the “deflategate” scandal and […]

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Don’t let Confederate flags lead to interoffice civil war

by Connor Beatty While enjoying a scenic drive along the Maine coast recently, I was startled to come across a giant Confederate flag prominently displayed in a house’s front yard. Less than a week later, a client contacted our firm to ask for advice in responding to an employee’s claim that a vehicle with a […]

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Court Sees Through Illinois Costco Manager’s Retaliation Claim

By Kelly Smith-Haley, Fox, Swibel, Levin & Carroll LLP The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid job-protected leave for certain family and medical reasons. The FMLA also prohibits employers from retaliating against employees who exercise their rights under the Act. But employees have certain obligations to meet before being […]

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When a good employee makes a bad mistake

by Mark I. Schickman Brian Williams was NBC’s news superstar, appearing on programs ranging from 30 Rock, Saturday Night Live, and The Tonight Show. He was a beloved regular on the talk show circuit. Since 2004, he was heir to a line of NBC news chiefs flowing from Chet Huntley and David Brinkley through John […]

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Ask the Expert: Can you Lower Employee’s Pay for Poor Performance?

The short answer to your question is “Yes, it is generally legal to reduce an employee’s pay in order to account for unsatisfactory performance.” Just as employers may increase employee wages for exemplary performance, an employee’s paycheck can also be a viable method for deterring or improving poor performance.

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Store needn’t accommodate F-bomb in aisle 7

by Kelly Smith-Haley Most employers know they have to make reasonable accommodations for an otherwise qualified employee with a disability under the Americans with Disabilities Act (ADA). But you may not know that the task of determining what qualifies as a reasonable accommodation doesn’t fall solely on you. A recent court decision reminds employers and […]

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Breaking Bad: Disciplining employees for off-duty conduct

You can hardly get through your morning coffee these days without seeing another story about some athlete, model, or actor who abused his wife, trashed her Beverly Hills hotel room, or went all Archie Bunker in a racist Twitter rampage. Usually, high-profile celebrities are bound by employment contracts that require strict adherence to an impeccable standard of personal conduct. But what can the average employer do if Walter […]

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