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Be sure to document every employee problem

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in Human Resources

You never know which employee will sue you, or when. Take, for example, promotion opportunities.

Employees who aren’t picked may think the reason was discrimination. Then they sue. How will you support your promotion decisions?

Be prepared with good, solid records that help distinguish between employees. Include the obvious such as disciplinary records. But don’t forget to record other characteristics, such as the inability to get along with others. Include specific examples and co-worker complaints.

Recent case: Ming Hou didn’t get a promotion she wanted and sued, alleging racial bias. But her employer had records to prove to the court that Hou wasn’t chosen because she was hard to get along with. (Hou v. New York City, No. 07-3155, 2nd Cir., 2009)

Final note:
Remember, documenting problems after a discrimination complaint looks like a cover-up.

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