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 even 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"
discipline
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. (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…
For Human Resources Issues, Keep It Simple – Like Middle School Students
Earlier this week, I had the privilege of judging various middle school mock trials that the Connecticut Consortium for Law and Citizenship Education sponsors. Students "try" a case with lots of items you’d see in a regular trial — opening statements, direct and cross examination of witnesses and closing arguments. I’ve done this for almost…
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…