8th Circuit ruling offers window into work investigation, documentation best practices

A former Andersen Corporation employee failed to establish the essential elements of a variety of claims against the company, the U.S. 8th Circuit Court of Appeals (which covers Minnesota employers) recently ruled, affirming the dismissal of the case by the U.S. District Court of the District of Minnesota. The ruling highlights the importance of investigating misconduct allegations and documenting disciplinary actions.

LOTO violations lead to termination

Thomas Lissick worked for Andersen, a window and door manufacturer, from 2000 to 2018 and was responsible for maintaining and repairing equipment at one of its manufacturing facilities. For safety reasons, before servicing any equipment, employees were supposed to follow lockout/tagout (LOTO) procedures and turn off all power sources. The company’s safety rules and guidelines recommended terminating an employee after his second LOTO safety protocol violation.

Lissick violated the LOTO protocol on three occasions. After the third violation on January 3, 2018, Andersen’s HR department investigated, determined he had indeed violated the protocol for the third time, and terminated him on January 11.

Lissick’s claims

Lissick subsequently filed suit alleging: