You received a lawsuit from a disgruntled, terminated employee. Your lawyer is requesting all of your documentation to prove your case. You have everything documented, right?
The key to winning lawsuits is documentation, thorough, accurate documentation. There are certain items, both good and bad, which should always be noted: failure to comply with company policy; proven impairment while on duty (follow policy on alcohol/drug testing); physical violence; threats; incompetent performance; positive performance; recognition from peers and customers; complaints of decimation; complaints of sexual harassment. The list could go on and on, but these tend to be areas with the highest potential for lawsuits.
How can you get sued for positive items? If your employee has copies of compliments, awards, good performance reviews or emails, but no write-ups or ‘negative’ documents, they can say they were a great employee and can’t figure out why they were let go. Your file to your lawyer should have the good, the not so good, and the bad.
Also be prepared for legal issues. Lawsuits that seem frivolous are often won based on poor paper trials and documentation. If you are not sure what you need or how to document legally, call CyQuest for a consultation today. We would love to become your HR partner!