Category Archives: discipline and discharge

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

Posted in ADA, discipline and discharge, discrimination, EEOC, employer policies, supervisor development | Tagged , | Leave a comment

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

Posted in discipline and discharge, internal investigations, management and leadership, performance improvement | Tagged , , | Leave a comment

Firing Etiquette

A senior HR professional asked when to have HR sit in on a termination.  As with many good questions, the answer is that “it depends on the facts.”  Here are a few initial observations before we get to the central … Continue reading

Posted in discipline and discharge, discrimination, employer policies, management and leadership, managing legal matters, performance management, whistleblower/retaliation | Tagged , , | Leave a comment

The Accidental Supervisor

My longtime friend, Linwood Smith, V.P. Risk Management of T.A. Loving Company selected this title for a presentation he asked me to make at this week’s Carolinas AGC combined Annual Safety and Human Resources Conference.  Linwood and I share several … Continue reading

Posted in cultural changes, discipline and discharge, employer benefit plans, management and leadership, performance management, supervisor development | Tagged , , | Leave a comment

“SINGLE SERVING HR”

While reading Howard Risher’s insightful article, Why We Need To Hold Managers Responsible For Employee Performance, I realized that many of us treat HR like the “single serving friends,” Tyler Durden calls people he meets on planes and uses only one … Continue reading

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Man Bites Dog – OSHA Style

OSHA enforces more whistleblower laws than any other agency and has made whistleblower protection one of its principal goals. So it grabs your attention when you read “Whistleblower Wins $820,000 Settlement Against OSHA.” OSHA’s foremost official overseeing injury record keeping … Continue reading

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Ruminations On What makes Businesses Succeed (as if a lawyer knows!)

This post is personal, and as the introduction to DVD’s state … this post does not reflect the views of F & P, etc.  It’s a labor of love, and also a reflection of my conviction that safety is inextricably … Continue reading

Posted in attitude/culture, discipline and discharge, employee engagement, generational differences, managing legal matters, safety programs | Tagged , , , | Leave a comment