It is never good to put off dealing with a problem employee.
Whether it is misconduct, poor performance, or simply an attitude
that impairs your team's ability to work together well, the
time to act is now. Waiting to act puts your organization at risk
that the employee will engage in some sort of protected conduct
that could "immunize" them from discipline. Claims of
retaliation are growing every day and are particularly problematic
because an employee who has an invalid underlying complaint plus a
retaliation claim can still actually win the retaliation part of
the case while losing on the underlying complaint.
The list of protected conduct grows every time there is a new
employment statute or regulation; here are just a few examples of
the types of conduct that are protected: making a harassment or
discrimination complaint; bringing a demand for unpaid overtime;
taking FLMA leave; filing a workers' compensation claim; etc.
The list is almost endless. Of course, you
