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: [email protected]