how to separate employee relationships
DESCRIPTION
Employee SeparationsTRANSCRIPT
How to Separate How to Separate Employee RelationshipsEmployee Relationships
Avoiding Getting Sued in the Process
Presented by:
Araceli Martin
Human Resources Generalist
Everybody Could Be A PlaintiffEverybody Could Be A Plaintiff(Federal Laws)(Federal Laws)
Age Race Color Gender Religion National Origin Veteran Status Disability Union Activity
Pension Polygraph Plant Closing FMLA Public Policy Retaliation Sexual Orientation Marital Status Weight
Everybody Could Be A PlaintiffEverybody Could Be A Plaintiff(Federal Laws)(Federal Laws)
Political Affiliation Genetic Trait or Test Tobacco Use Recreational Activity Consumable Product Whistleblower Restrictive Covenants Contract
Contracts – THE ABC’sContracts – THE ABC’s
Express or Implied Written or Verbal Bilateral or Unilateral Individual or Collectively Bargained
What makes a person become a What makes a person become a plaintiff?plaintiff?
“Its Not My Fault”… or “I’m Okay, But I have
some serious questions about you!”
Lotto Fever “Who Wants to Be a
Millionaire?” “Lifestyles of the Rich
and Famous”
What makes a person become a What makes a person become a plaintiff?plaintiff?
Why do employers lose lawsuits?Why do employers lose lawsuits?
Some of them are GUILTY! Some of them do not get GOOD LEGAL
ADVICE! Jurors are predisposed to favor employees. Jurors expect the result to be FAIR – if it
does not seem fair, jurors will “right the wrong.”
Who is the audience?Who is the audience?
Upper Management Other Employees The potential plaintiff’s
attorney The Jury (3,5 or 7 years
from today).
The “Due Process” ProcessThe “Due Process” Process
Notice Opportunity to be heard Deliberation Decision
The Key?The Key?
Notice the RulesNotice the Rules
Employee Handbook Job Description Written Warning or
Prior Discipline Written Policies Job Evaluations Common Sense
Notice The ChangesNotice The Changes
Brief, Concise Statement of the Issue Set a Time in the Future to Meet and Discuss
Why? Time to Confess Time to Explain Time to Reflect
Interviews to Investigate Possible Interviews to Investigate Possible Employee MisconductEmployee Misconduct
Reasonable Required Employer Goals
To Learn To Consider To Discipline (where
appropriate) To Reduce exposure to
legal liability
Post – Termination Investigations
Risks of Investigating Poorly (or Risks of Investigating Poorly (or Not At All)Not At All)
Legal Risks Lower Court Decisions
Mechanics of an Investigative Mechanics of an Investigative InterviewInterview
The Investigator Using Attorneys as Investigators One Other Manager (the Note taker) Another Employee (?) The Statement Not a Trial Not an Opportunity to Confront Witnesses
The Three “Key” QuestionsThe Three “Key” Questions
“Is there anything else going on here of which I should be aware of?”
“Is there anyone else I should speak to or anything else I should review before I make a decision (recommendation)?”
“What would you do if you were me?”
DeliberationDeliberation
Time To Reflect Time To Investigate
This Employee Other Employees Past Practice
Time To Consult Time to Get Legal
Advice
The DecisionThe Decision
Treating The Employee With Dignity and Respect
Face-To-face (if possible) Be Honest Be ON GUARD Letter – Suspension – Discharge (“LSD”)
Observations from Industrial Observations from Industrial Psychology LiteraturePsychology Literature
Observed Employer Challenges Investigating Similar Allegations of Misconduct
with Comparable Vigor. Imposing Discipline Fairly.
Recommendations: Formal Procedures
Crime and PunishmentCrime and Punishment
The Investigation The Paperwork The Decision Know Your Audiences
Top Ten Ways to Avoid Becoming Top Ten Ways to Avoid Becoming a Defendanta Defendant
10. Never hire or fire hastily 9. Put Expectations in writing. 8. Communicate Expectations to Employees 7. Train Managers & Supervisors 6. Obtain prompt legal advice 5. Treat every employee as a potential plaintiff. 4. Play to your audience 3. Take your time 2. Follow the “DUE PROCESS” process 1. Document, Document, Document!!!