We talk about documentation often. It is one of the best safeguards against lawsuits. One area to be mindful of is in terminations. In a recent case of Soles vs. Zartman Construction when the employee was terminated, the firing manager said they weren’t providing him a reason. They also said it was for breaking company rules. When the employee filed for unemployment the company put in writing it was for lack of work. The employee claimed it was retaliation for requesting FMLA. When the court was presented with all these contradictions, they allowed the case to proceed.
When terminating an employee, documentation is paramount. A termination letter with a reason for termination is the first step. The employee file should contain supporting documentation for the reasoning. Any additional follow up paperwork for unemployment claims should contain the same verbiage and explanations consistent.
For help with designing policies, proper paperwork, and verbiage for terminations, CyQuest is here to help!