We live in a society that advertises and promotes retaliation on employers. If the ex-employee feels wronged, they can call a lawyer that will pursue an employer for damages with very little evidence. All it takes is an allegation to have the Equal Employment Opportunity Commission (EEOC), Occupational Safety Health Administration (OSHA) or threats of litigation on your agenda. It is up to the employer to defend the allegation with proof that is easy for an outsider to understand.
Court cases and unemployment hearings become public record, so it is important to keep your company off the docket. Doing so will maintain or enhance your company’s reputation in the community.
HOW TO PROTECT YOUR COMPANY:
1) If there is a problem with an employee or something out of the norm, write it down immediately in a “corrective action report” or “written warning”, and have the employee sign the document. If too much time goes by, the details get fuzzy or vague. Your written documentation will become credible evidence in an unemployment hearing.
2) Using the creed of the Five W’s will help. Who, What, Where, When and Why will help you to not forget the facts. If there are witnesses, ask the witness to write down what they saw or heard.
3) Create an action plan that is simple and brief, yet specific. An example would be: “if you are late within the next 90 days, you will receive disciplinary action up to and including termination.” Have the employee sign the written warning, to prove the conversation occurred. If the employee refuses to sign have them write why on the form. Do not terminate on the grounds of disagreement or refusal to sign, the warning. Doing so will prevent disqualifying the employee for the benefit.
4) Perform an annual audit on your policies and procedures. Make sure that when you’re implementing a new or updated policy you have everyone – even tenured employees and managers – sign off on the new policy. It is up to the employer to PROVE the employee received the policy and the policy was applied uniformly. Be sure the managers have a clear understanding of the policies and they are not open for interpretation. Continue to ensure the documentation process is ongoing and long-term.
These smart business practices will help you maintain a positive reputation with employees, prospects and the public at large.
All content provided on this blog is for informational purposes only. Veridian Payroll, LLC makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. Veridian Payroll, LLC will not be liable for any errors or omissions in this information nor for the availability of this information. Veridian Payroll, LLC will not be liable for any losses, injuries, or damages from the display or use of this information. Veridian Payroll, LLC is the legal copyright holder of all material on this website and it may not be used, reprinted, (partially) modified or published without written consent.