News & Analysis as of

Discipline

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

by Franczek Radelet P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

PTO Implements Attorney Discipline Diversion Program

by McDermott Will & Emery on

The US Patent and Trademark Office (PTO) initiated a two-year Diversion Pilot Program to align its attorney discipline program with the practices of more than 30 states. The program is designed to give patent and trademark...more

What Makes A Great Law Firm

by Hayse LLC on

Greatness is not a function of circumstance. Greatness, it turns out, is largely a matter of conscious choice, and discipline. - Jim Collins - During a re-read of the Jim Collins classic “Good To Great”, I was struck by...more

Former Dealership Employee Nabs $1.3 Million Verdict In Disability Discrimination Suit

by Fisher Phillips on

Why should your dealership conduct thorough investigations into possible employee misconduct and document poor performance before termination? A Florida court just gave 1.3 million reasons....more

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

by Cozen O'Connor on

Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

Farewell to The Hawk – Fair and Consistent Application of Discipline

by Thomas Fox on

In the Department of Justice’s (DOJ’s) Evaluation of Corporate Compliance Programs (Evaluation), Prong 8 Incentive and Disciplinary Measures it states: Incentive System – Consistent Application – Have the disciplinary actions...more

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

by Dorsey & Whitney LLP on

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in...more

Summertime = Friday and Monday Flu Season

When I was in college, a lot of kids (not me — I clearly scheduled extra classes) would try to fix their schedule so they would not have class on a Friday or a Monday (or before 10 or after 4 or any time it was sunny and over...more

Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance

by Thomas Fox on

I conclude this month’s series inspired by an article in the Harvard Business Review, entitled “Does Management Really Work?” by Nicholas Brown, Raffaella Sadun and John Van Reenen. I found the article very useful because it...more

Day 21 of One Month to Better Compliance Through HR-the HR Gap Analysis for Compliance

by Thomas Fox on

How can you determine if Human Resources (HR) can meet the needs of a best practices compliance program? One place to start is with a gap analysis to determine what HR has in place that can facilitate your company’s...more

Operationalizing Compliance Through Your Tone in the Middle

by Thomas Fox on

One of the ways that Human Resources (HR) can help to operationalize compliance is to assist each level of an organization to have a proper tone. While the top of an organization rightly gets much of attention, the tone about...more

Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine

by Thomas Fox on

Procedural fairness is one of the things that will bring credibility to your Compliance Program. Today it is called the Fair Process Doctrine and this Doctrine generally recognizes that there are fair procedures, not...more

Day 7 Of One Month To Better Compliance Through HR - Six Principles For Compliance Incentives

by Thomas Fox on

In metrics laid out by former Assistant Attorney General Leslie R. Caldwell, she spoke about the need for compliance program incentives. She posed it with the following question, “Are there mechanisms to enforce compliance...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

New Guidance from the DOJ on Your Compliance Program

by NAVEX Global on

The U.S. Department of Justice (DOJ), Criminal Division, Fraud Section, recently released new guidance associated with its Guide to the U.S. Foreign Corrupt Practices Act. The guidance, entitled Evaluation of Corporate...more

CAS Legal Mailbag Question of the Week – October, 2016 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As an assistant principal, my responsibilities include dealing with students who have disciplinary issues. While most of these students are good people just caught doing bad things, I am afraid that a...more

U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics...

by Shipman & Goodwin LLP on

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource...more

U.S. Departments of Education and Justice Issue “Dear Colleague” Letters and Resource Materials for LEAs Addressing the Use of...

by Barley Snyder on

On Sept. 8, the U.S. Departments of Education (ED) and Justice (DOJ) each issued “Dear Colleague” letters and accompanying “resource documents” addressing school-based law enforcement and the role of School Resource Officers...more

Department of Education Releases New Guidance on SROs, Police in Schools

by Franczek Radelet P.C. on

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Newly Organized Employer Must Bargain Over Discretionary Employee Discipline Pre-First Contract, NLRB Rules

by Jackson Lewis P.C. on

Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or...more

Hallmark 6-Incentives and Disciplinary Measures

by Thomas Fox on

The FCPA Guidance states, “In addition to evaluating the design and implementa­tion of a compliance program throughout an organization, enforcement of that program is fundamental to its effec­tiveness. A compliance program...more

Ten Hallmarks of an Effective Compliance Program-Hallmark 6

by Thomas Fox on

In this 10-episode podcast series I take a look at all ten hallmarks of an effective compliance program as set out in the FCPA Guidance. In this episode I review Hallmark 6-Incentives and Disciplinary Measures....more

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

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