• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Key to quick lawsuit dismissals: Clear documentation of discipline decisions

by on
in Firing,Human Resources

It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.

If all you do is check a box for a specific broken rule or policy, defending the case becomes more difficult.

Recent case: Frito-Lay employee Samuel Amfosakyi had attendance problems. At least once, he racked up enough absences to hit the last step on the company’s progressive discipline program, although he eventually pulled back from the brink.

Then Amfosakyi showed up for a 12-hour shift and left after two hours without getting permission. He returned almost five hours later. When confronted, he told supervisors he was gone only 30 minutes. He repeated this lie later, in writing. Then he was terminated for leaving without permission and for lying about the incident.

He sued, alleging that another employee broke an unspecified rule years earlier but wasn’t fired.

The court sided with Frito-Lay, reasoning that its documentation trumped Amfosakyi’s example of alleged leniency. The two incidents weren’t comparable based on the company’s careful documentation. (Amfosakyi v. Frito-Lay, No. 1:11-CV-00651, MD PA, 2012)

Final note: You can’t prevent every lawsuit, because some just come out of left field. However, you can prepare by documenting every decision. That often leads to quick dismissals.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/30829/key-to-quick-lawsuit-dismissals-clear-documentation-of-discipline-decisions "

Leave a Comment