When an employee knows she’s skating on thin ice and may soon be fired, she’s likely to ponder the possibilities of filing a lawsuit. The probable first step: gathering up evidence she thinks will help her case. That may involve making copies of confidential information or downloading it from the company computer systems.
She may also record conversations in an effort to catch supervisors and others making statements that could bolster a lawsuit later.
Employers don’t have to tolerate this. If you have a good policy that protects confidential information and forbids secret recordings, you can terminate the employee as soon as you find out what she did. Simply put, surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for a subsequent retaliation lawsuit.
Recent case: Chyrianne, who is black, was a very successful medical device sales representative. Working on just one ...(register to read more)