Can you explain why you terminated one employee, but not another who committed a similar offense? Chances are, if you didn’t document specific behavior and provide concrete examples of poor performance, you won’t be able to explain it in court. Resolve to improve your system for documenting disciplinary actions now, before an unhappy former employee sues.
Discrimination and Harassment
Discrimination and harassment claims often increase in a down economy. Learn the proper techniques for conducing proper workplace harassment investigations, providing sexual harassment training, and more to reduce claims of employment discrimination and preventing sexual harassment in the workplace.
Ordinarily, retaliation requires a so-called adverse employment action, such as discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.
If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently. When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.
You discipline an employee for a serious rule violation, perhaps by firing the employee. Because you had good reasons for discharging the employee, you may think that you can’t be sued for discrimination. That’s not necessarily true.