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Document all discipline, just in case of lawsuit

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in Employment Law,Human Resources

Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.

Recent case: Richard worked for the Department of Homeland Security (DHS). He claimed a supervisor had hit on him, seeking a sexual relationship. When he rebuffed the alleged advance, he said he was punished. He sued for retaliation.

As proof, he claimed his supervisor made him work a holiday shift. Later, Richard claimed he was disciplined for an argument.

But DHS pointed out that the holiday shift came many months after the alleged advance and that it was Richard’s turn to work it. Plus, DHS documented the argument at the time it disciplined Richard. His lawsuit was dismissed. (Figueroa v. Johnson, No. 15-1948, 2nd Cir., 2016)

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