How to win discrimination lawsuits: Carefully document real performance problems

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in Discrimination and Harassment,HR Management,Human Resources

Smart employers carefully track performance over the long haul—not just when a manager decides he’s had enough and wants to terminate an employee for poor performance.

It’s important to lay the groundwork early on, especially if a new hire has obvious performance problems right after coming on board. Immediately document those issues, even if you think the employee may improve as he learns the job.

HR should take charge of those interim performance appraisals. Establish a protocol for evaluation. If problems are obvious, develop a performance improvement ASAP and follow through.

This is especially important if the employee ends up with a new supervisor who wants immediate action. If a termination results, your records will help support the decision and cut off one of the employee’s litigation strategies: alleging that the new supervisor harbored some illegal discriminatory intent.

Recent case: David was hired as a warehouse ...(register to read more)

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