Employees

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Misconduct and the Job

In handling off-duty misconduct, you need to examine the relationship between the person's job and the misconduct — is it something that is likely to affect business? To find out how much of a connection there is between the misconduct and the business, consider the following:

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Your Dress Code Policy

The authority to set dress codes belongs to you. While that authority may be limited by law, in most cases the authority to establish or to change required dress is yours.

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Dress Codes

The popularity of casual days is increasing in corporate America. Among those companies that allow casual dress, there are usually standards of appearance.

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Laws Affecting Dress Codes

While dress codes may seem harmless enough, you need to be especially careful that dress code requirements do not discriminate against members of protected groups, based on federal and state antidiscrimination laws.

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Handling Dress Code Violations

Once you have a dress code in place, you need to follow appropriate procedures to handle situations involving enforcement.

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Selling or Soliciting on Work Time

What do you tell an employee who:

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Polygraph Tests for Employees

In case of a suspected theft, before you can require an employee to take a polygraph test, you must meet the following federal guideline requirements:

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Creating an Anti-Theft Policy

When considering the creation of an anti-theft policy:

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If You Suspect an Employee of Theft

If you suspect that an employee is stealing and you want to confront and discipline the employee, we suggest that you first contact your legal counsel so that your rights — and the employee's rights — are protected.

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Detecting Employee Theft

Detecting theft can be difficult, especially if the thief is good at what he or she does.

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Treating Arrests as Personal Leaves

In dealing with arrests or incarcerations of employees, one option is to have a general policy that allows employees to take personal leave without pay for a justified cause. This is probably a more useful way to address the situation, especially if you have few employees and do not expect this type of problem to occur with regularity.

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Written Incarceration Policies

If your experience or the makeup of your workforce suggests that arrests may be something you might expect, you may decide to develop a specific policy for this particular situation. Here are some basic elements to consider:

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Theft by Employees

Everyone expects an employee to pilfer a notepad or a pen every so often, whether accidentally or not, but what if it goes beyond that? Most general work rules contain a statement about theft, but some employers choose to emphasize "zero tolerance" in order to prevent stealing by employees.

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Treating Arrests as Absences

When an employee loses time from work because he or she is incarcerated or arrested, you may choose to handle it as an absence issue. This may be your best bet if you don't have a large number of employees and arrests are not common among your workforce. You could treat such an absence due to incarceration as unexcused and apply an existing rule stating that any employee with more than the mandated number of unexcused absences may be subject to suspension or termination.

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Arrested or Jailed Workers

In dealing with workers who've had brushes with the law, remember that there's a big difference between "arrested" and "convicted." How you deal with the situation when a worker is incarcerated will probably have a lot to do with how long the employee will be away from work, with what offense the employee has been charged, and with what relationship that offense has to the employee's work. With any luck, you will never face this situation.

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Gambling

When most people think of gambling, they think of poker, craps, and dice. Surely you wouldn't want those kinds of games going on in your workplace, but what about football pools, bingo, and group purchasing of lottery tickets? These activities could be construed as gambling, too. To be on the safe side, you should not allow even these "harmless" forms of gambling to occur on your property.

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Creating a Policy on Fighting

You can draft a separate policy to address fighting and workplace violence or you can use several other policies you might have to cover those kinds of situations.

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Handling a Violent Incident

If a violent incident occurs in your workplace, you'll have to act quickly and calmly. You'll have to make immediate decisions; help victims, family, and other employees; and, possibly, deal with the press. You'll have to respond to and manage the incident safely and effectively; protect the physical safety and emotional well-being of victims, employees, and other persons; prevent or minimize injury, damage and disruption; and return to normal as soon as possible. This can go smoothly only if it is planned in detail well in advance.

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Warning Signs of a Violent Employee

In many cases, there are early warning signs of a potentially violent employee that are not communicated to the people who could take action or that are not taken as seriously as they should be. Generally speaking, employee behaviors that may be warnings include:

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Preventing and Handling Fighting

Whether a situation is merely two employees arguing in the office or an actual violent confrontation, you must take steps to curtail these situations when they arise. Fighting among employees disrupts productivity and may hurt employee morale, depending upon the way you handle the situation.

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Creating an Insubordination Policy

While some kinds of policies allow for many variations, insubordination policies can be shorter, to the point, and more generic. Here's an example of an insubordination rule that you can use for your business.

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Violence in the Workplace

The best way to handle violence in the workplace is to prevent it. To curtail violence among employees in your business, take the following steps:

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Handling an Insubordinate Worker

Your knee-jerk reaction to an insubordinate employee may be to lose your temper, to become abusive in return, or to terminate the employee immediately. While it's hard to control your emotions during a stressful situation like this, you must. Termination may, in fact, be the appropriate response to an insubordinate employee, but don't fire the employee on the spot. If termination is appropriate, it will still be clearly appropriate after you've cooled off. Being abusive in return is never appropriate.

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Insubordination

Insubordination occurs when an employee willfully disobeys or disregards a superior's legitimate directive. Abusive language by employees toward supervisors and others may also be considered insubordination.

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Examining Insubordinate Behavior

When you encounter a situation where you think an employee is being insubordinate, before you react by punishing the employee, ask yourself the following questions to make sure that discipline is the appropriate action to take:

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