The sad reality is that, on rare occasion, some employees will revert back to their middle school days and behave like a couple of children. Some will e
ven resort to physical fighting. In such a case, employers are faced with a difficult question — can I punish one employee more than other if I think they "started"
Disciplining Employees for Fighting; Asking What Is Similar Conduct and What is Similarly Situated?
As cases go, Smith v. Connecticut (D. Conn., Jan. 9, 2008) (Bryant, J.) will not rank up there in the annals of legal history. .jpg)
(Even the name of the case sounds generic.) Moreover, when you read the facts, the case doesn’t scream "precedent". The Smith case, however, reinforces the notion that consistently applied disciplinary policies are
Consistently Applied Policies and Discipline Are Cruicial to Avoiding Discrimination Claims
Disciplining employees for violations of company policy is, as a general rule, a good thing for an employer to follow. However, when a company disciplines employees differently for the same offense, perceptions of discrimination (rightly or wrongly) can creep in.
A new case released this afternoon from the United States District Court illustrates that. In