Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.
Recent case: John, who is black, worked as a manager at CSC, a tech firm. When a female subordinate complained to John’s boss that John had sexually harassed her, the supervisor didn’t investigate immediately. However, when the woman filed a written complaint, the case was turned over to HR. After investigating, the company fired John.
He sued, alleging race was a factor in his discharge.
But CSC laid out its process, including the harassment specifics and got the case tossed out. (Crosby v. Computer Science Corporation, et al., No. 11-60661, 5th Cir., 2012)
Final note: Some cases take years to go to trial. Retain supporting documents for the long haul.
- Is there a legal reason to have employee photos in your files?
- Can we discipline an employee for his postings on a social networking site?
- Limit sensitive meetings to 'need-to-know' managers
- Ex-employees: Gone but not forgotten Courts' broader definition of 'employee' expands your liability
- Fire away … but be prepared to defend terminations