Using documentation to keep employers out of trouble

Can managers make employment decisions without fear of liability?

Documenting Your Way Out of Trouble

by Calvin House

Gutierrez, Preciado & House, LLP | www.gphlawyers.com

Wal-Mart must pay $172 million for meal period violations [Dec. 22, 2005]

Jury awards $20 million to 85-year old prison doctor after supervisors question competence [Jul. 18, 2005]

Employment decisions pose risks

Former school principal wins $112,289 award following demotion after shoulder injury [Feb. 16, 2006]

Managers make employment decisions every day

Managers worry whether they are making correct decisions

Yes, managers can make decisions without fear of

liability

Use documentation to reduce risks

Control the employment relationship with documents

Use forms for decisions that depend on medical information

Support discharge decisions with a written record

Control the employment relationship with documents

Employment is a contract

Set the terms through the employment offer

Prove the terms with documentation

Outfit each employee witha job description

Analyze essential job functions

Obtain employee acknowledgments

Use employee handbooksto set workplace rules

Review policies for legality

Obtain employee acknowledgments

Keep up to date

Use forms for decisions that depend on medical information

Keep medical information out of the workplace

Enlist professional advice

Stick to the essentials

Support discharge decisions with a written record

Set performance expectations

Provide regular evaluations

Document misconduct investigations

Establish a code of conductand a complaint procedure

Compile evidence

Provide written charges and a chance to respond

Can managers make employment decisions without

fear of liability?

Unguided employment decisions risk millions of

employer dollars

Use documentation to reduce risks

Well thought out documentation will keep you

out of trouble

Gutierrez, Preciado & House, LLPThe Employer’s Law Firm3020 E. Colorado Blvd.Pasadena, CA 91107Telephone: 626-449-2300calvin.house@gphlawyers.comwww.gphlawyers.com

Using documentation to keep employers out of trouble

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