Category Archives: discipline and discharge

Straight Talk On Employee Handbooks.

A useful piece by my friend and partner, Jennifer Sandberg.  While she wrote this piece for credit unions, the recommendations apply to any industry setting. This article was also featured at  Jennifer is one of our attorneys who most … Continue reading

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The EEOC and OSHA Are Expanding Their Focus To the Whole Company … All of It.

An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers.  As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to a burdensome … Continue reading

Posted in class actions/systemic investigation, discipline and discharge, discrimination, EEOC, employer policies, government inspections, OSHA | Leave a comment

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment

My Essential OSHA “Enforcement” Posts This Year.

These are the links I sent to F & P attorneys after recently conducting an in-house session on our workplace safety practice.  The focus of the links was not on building a safety culture, which is my favorite topic, or … Continue reading

Posted in civil and criminal exposure, combustible dust, discipline and discharge, discrimination, emergency response, food processing, harassment, OSHA, public attacks, recordkeeping, repeat items, Washington | Tagged | Leave a comment

When Is More Leave Not a Reasonable Accomodation?

Cases under the ADA are fact specific.  Often it is difficult to find clear-cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable.  In Attiogbe-Tay v. Southeast Rolling Hills LLC, a … Continue reading

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Pause Before Firing That Guy Objecting To A Work Practice By Quoting Misinterpreted Theology

Eric Meyer posted a spot reminding us that even if the request seems weird, an employer has some level of duty to accommodate a religious practice.  In this case, a mining employee objected to a bio metric scanning system involving his … Continue reading

Posted in cultural changes, discipline and discharge, discrimination, whistleblower/retaliation | Tagged , | Leave a comment

Dealing With Bad Behavior By The Top Dogs

Fran Sepler recently posted an insightful blog, “I’m Sort of Sorry: Coaching the High Level Harasser” discussing coaching a high-level performer regarding harassment, poor behavior or insensitivity.  It takes wisdom and experience to deal with an executive who can fire … Continue reading

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