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Wrongful Discharge

Best Practices in Documenting Employee Discipline

January 15, 2009
If companies use performance as one criterion for layoffs, it’s critical that employee discipline and performance issues be carefully documented. The documentation may help the employee realize that certain levels of performance or kinds of behavior are unacceptable and can help employees change their performance or behavior in the future. Documentation also acts as an insurance policy for the company.
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Doing Layoffs the Right Way

Not surprisingly, layoffs often lead to lawsuits for wrongful termination. And while some may say that lawsuits are an inevitable part of doing business, there are ways to minimize the risk of litigation that so often accompanies layoffs. Here are some guidelines for this difficult process.
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TOOL Retaliation Not Allowed

November 11, 2008
The U.S. Equal Employment Opportunity Commission's Web site page on ‘Retaliation’ details what by law is considered retaliation against an employee who files a charge of discrimination, participates in a proceeding investigating a claim of discrimination or otherwise opposes discrimination.
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The Right Things to Do to Avoid Wrongful Termination Claims

October 23, 2008
What can your company do to reduce the risk of employment claims that may arise from necessary terminations? It’s nothing different from what most companies do day in and day out. But now, more than ever, it is important to be consistent and mindful of the process when it comes to making these difficult decisions and taking action.
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Skip the PIP

May 28, 2008
Sometimes, parting ways is the right thing to do, and introducing a performance improvement plan that merely forestalls an inevitable result seems straight out of Dilbert.
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