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Win discrimination, retaliation lawsuits with patience, careful documentation

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in Discrimination and Harassment,Human Resources

Employers can’t always avoid litigation, but they can take steps to win most cases. In the case of a marginal employee, the key is to exercise patience and carefully document poor performance or problems such as spotting attendance. Then, avoid overreacting if the employee files a complaint, lawsuit or other protest.

Simply put, documentation is what wins many lawsuits. That’s especially true when more than one supervisor has documented past problems.

Recent case: David, who is black and a Muslim, had worked for years as a religious advisor for the New York State Department of Cor­­rec­­tional Services (DOCS). He was frequently late for work, perhaps because he chose to live 100 miles away from the prison where he was assigned. It was only after he moved closer that his attendance improved.

Even as he began getting to work on time, David was disciplined on several occasions for other workplace problems. Each time, he appeale...(register to read more)

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