Tag Archives: Employee Misconduct

Reducing Risk With Comprehensive Investigations and Documentation

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On February 28, 2014, a Massachusetts court dismissed a discrimination claim brought by three employees against a nursing home base in part on the employer’s detailed investigation and written record of discipline.  The case Metelus v. Wingate Healthcare, Inc., demonstrates the importance of thorough and well documented investigations and discipline.

What You Need To Know.  When faced with a discrimination claim, employers need evidence showing how employees were treated fairly and consistently.  A thorough investigation into employee misconduct and well documented disciplinary warnings will help significantly if a court has to review a termination.

In the Metelus case, three nursing assistants were terminated for refusing a supervisor’s request that they work on another floor to meet patient demand.  The nursing assistants threatened to walk off the job if ordered to change floors.  Instead of disciplining the three employees on the spot, Wingate’s Nursing Director promptly conducted a thorough investigation.   Continue reading →

Handbooks Should Not Create A Contract With Employees

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On February 28, 2014, a Massachusetts court ruled that an employee handbook, when properly written, was not a contract between the employer and employee.  The case, Metelus v. Wingate Healthcare, Inc., is a positive decision for employers and supports the use of well-crafted employee handbooks.

What You Need To Know.  Employee handbooks are helpful tools to establish workplace rules and expectations.  As long as your handbook uses discretionary language and includes employer flexibility to address each situation as appropriate to the facts, your handbook should not be considered a binding contract.

In the Metelus case, a nursing home was sued for discrimination and breach of contract by three former nursing assistants who were terminated for refusing to follow orders and for poor patient care.  Continue reading →

The Benefits of an Independent Attorney Investigator

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On October 7, 2013, the United States District Court in Massachusetts issued a ruling discussing the potential problems associated with hiring your defense lawyer to perform investigations into employee misconduct.  The case of Koss v. Palmer Water Department is discussed below.

What You Need To Know.  If you want to conduct an investigation into employee misconduct.  You need to bring in an independent investigator as opposed to your regular defense counsel.  Because the investigator could be called as a witness at a subsequent trial and ordered to turn over all his or her work papers, you don’t want your defense lawyer conducting the investigation, testifying as a witness, and being barred from representing you.

The Palmer Water Department received a sexual harassment complaint brought by one of its employees.  If that happened to you, what to do?  Continue reading →