Prevent Claims! Tip
Make the punishment fit the 'crime!'
Courtroom May 14, 2008
Greetings!

    To avoid a trip to the local courthouse, you want to deal with any meritorious harassment or discrimination claims in-house.  Be sure to make the punishment fit the 'crime.'  Otherwise stated, arrive at disciplinary measures that will make the offensive conduct stop and be commensurate with the inappropriate behavior.
 
Discipline should be swift and sure
but commensurate with the offense

     Low level harassment and discrimination complaints can be managed inexpensively, and they must be managed promptly.  Naturally, this Tip presupposes that you have investigated a complaint and found that it has merit. 

     Determine and implement the appropriate discipline for the harasser.  This can range from an apology to a suspension without pay.  Individual counseling may be warranted to educate an employee about what conduct is and is not appropriate in the work place.  Some possible disciplinary actions appear below.

     If necessary, restore the victim to the same or better position that she or he occupied before the incident.  Sponsor a one on one meeting with the alleged wrongdoer and the complainant if an apology or explanation of any misunderstandings will do the trick.  This approach is not appropriate for more serious incidents of harassment or discrimination.

     The complainant has no right to know what disciplinary measures have been effected with the harasser.  Nor does the harasser have any right or "need to know" what steps have been made to make the victim whole.  Both have employment privacy rights that must be strictly respected.

     Some options include

Obtaining an apology
Issuing an oral warning

Individualized training
Workplace-wide refresher training
Issuing a written warning
Suspending the employee with pay (pending an investigation)
Suspending the employee without pay

 

     May 3rd was our first anniversary since opening for business.  It's been a heck of a year, and I thank each of you for your support and many kindnesses.  You have made this first year a great one!

Cordially,

Beville

Prevent Claims, LLC
Preventing and resolving claims

Prevention Programs ~ Investigations ~
Negotiations ~ Mediations
610-647-4439
Prevent Claims LLC