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Head off problem employees’ retaliation suits: Document all decision-making as it happens

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in Discrimination and Harassment,Employment Law,Firing,FMLA Guidelines,Hiring,HR Management,People Management,Records Retention

Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work.

They think that by doing so, they’ll make you think twice before discharging them.

If that doesn’t keep you from firing them, guess what happens next. They file a retaliation lawsuit, claiming the discharge was retaliation for engaging in so-called protected activity.

Counter those moves by keeping careful records of all your decisions—in real time. That is, document each step of the disciplinary process at the time it occurs. Then you will be able to produce proof that you made your decisions before any protected activity occurred, or that you based your decision on completely independent and legitimate business reasons.

Conversely, nothing looks worse to a judge or jury than records created after the fact or oral testimony about what happene...(register to read more)

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