Employee Termination: Does Documenting the Reason Matter?

Stratus

But when it comes to documenting an employee termination, should that really be considered a high priority? At this point, the story can go one of two ways based on what you do or don’t document. Option 1: You Neglect to Document the Reason for Employee Termination.

What to Do When an Employee Complains About ‘Discrimination’

HRWatchdog

An employee complained to me that a coworker frequently yells at the employee for parking in the wrong spot and says that the coworker is “discriminating” against him by yelling at him. CalChamber members can read more about Types of Discrimination in the HR Library.

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Can Employees Steal Confidential Documents to Prove Discrimination?

TLNT: The Business of HR

that, under certain circumstances, an employee could legally swipe an employer’s confidential documents to prove her discrimination claim under the New Jersey Law Against Discrimination. Employee takes documents to support discrimination claim. The employer subsequently reported the alleged theft of its documents to the county prosecutor. could help insulate an employee from criminal prosecution if she takes an employer’s confidential documents.

3 costly mistakes that could be lurking in your documentation

HR Morning

It’s not always what’s missing from employee documentation that could get you in trouble. It’s also what may already be in your documentation that could land you on the wrong end of a lawsuit. . Recently, employment law attorneys shared some of the costliest mistakes they’ve spotted in employers’ documentation. When documenting employee conduct, managers should avoid using legal characterizations, says attorney Kevin A. Creating inconsistencies between documents.

Criminal History and Discrimination: Assessing Applicants Properly

Accurate Background

The need to provide this information also serves as a detriment against inadvertent discrimination. Having a well-documented, carefully crafted policy helps you make those informed decisions while being fair to all applicants.

Restructuring? How to Avoid Layoff Discrimination

Intoo USA

One important legal concern to keep in mind are the federal laws against employment discrimination enforced by the U.S. Although layoff discrimination may seem like a clear-cut issue—you either intentionally discriminated against an employee or you didn’t—real-life cases are not always so cut and dried. It is possible to inadvertently conduct a reduction in force in a way that opens your company up to layoff discrimination lawsuits.

The Non Discrimination Policy: Importance and 5 Examples

Digital HR Tech

You need a non discrimination policy in your workplace, and this article will help you write one that reflects your company’s commitment to treating everyone equally. Why you need a non-discrimination policy in the workplace. Every country has differing laws regarding discrimination.

Why it is important to document a termination

OmegaHR Solutions

Make sure you have documentation for EVERY case of documentation. I have a webinar that I occasionally conduct on the importance of documentation. Documentation is that bane of existence for the HR professional, as it is absolutely necessary for the defense of the company when needed, yet it is almost impossible to get supervisors and managers to do it, willingly anyway. Why document? Pence says that there are two reasons to document and I agree with him.

EO 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

Berkshire Associates

One of these was Executive Order (EO) 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Workplace Discrimination Gender Discrimination Diversity and Inclusion

The most common employee documents used at trial

Business Management Daily

Maintaining HR documents is an essential step in protecting your company, and yourself, in the event you go to court for civil litigation, criminal charges, or other investigations. laws require companies to keep documents for specific timeframes. I-9 documents.

Discrimination Guidance

OmegaHR Solutions

The EEOC reminds us that there are protections against religious and ethnic discrimination that employers must abide by. The EEOC specifically says: “Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color. Employers are prohibited from discriminating in all aspects of employment, including hiring, job assignments, pay, and termination. The guidance is provided in two documents.

The 10 Most Common Mistakes in Documentation

HR Daily Advisor

Documentation is often the key to defending yourself. But there are a lot of mistakes that can make your documentation less effective, says Fentin, who is a partner at Skoler, Abbott & Presser, P.C., Here are Fentin’s top 10 documentation mistakes: 1. Any reference to protected class or conduct is a road map for a charge of discrimination. Even one example of behavior undermines your otherwise credible documentation.

The golden rules of proper documentation

Business Management Daily

When you’re documenting an incident in the workplace, employ the traditional “who, what, where, when, why” paradigm. You have to assume your documentation will be held under some form of legal scrutiny. Strong documentation systems must be built on three basic principles. The more specific the documentation, the greater the credibility. Try to get employees involved in the documentation process. How to document employee infractions: 4 ‘musts’ to include.

National Origin, Discrimination, and Employers—Oh, My!

HR Daily Advisor

Below is guidance on some of the more common national origin discrimination issues that may confront employers. What Is National Origin Discrimination? Discrimination is the different treatment of a person based on a protected characteristic such as gender, disability, or national origin. Discrimination is most often an intentional act, such as a failure to hire someone based on his race. Discrimination based on a person’s accent also may be unlawful.

Ironclad Employment Documentation: A Q&A with Susan Fentin

HR Daily Advisor

He says the termination was in retaliation for filing a race discrimination claim against the company. Will you have the employment documentation to back up your decision and avoid a costly lawsuit? Whether it’s a discrimination case, a retaliation claim, or both, the story is the same. It’s your word against the word of the employee—unless you have solid employment documentation to support the reasons for your decision. Here’s where good documentation comes in.

Discrimination 101

The Employer Handbook

Ischa1, Helder [Public domain], via Wikimedia Commons A few days ago, I blogged about How does one of your employees actually prove discrimination in court? Late last week, the Third Circuit Court of Appeals adjudicated — such a lawyerly word, ‘adjudicated’ — this race discrimination case. On Monday, we talked about the first step of that process; namely, the prima facie claim of discrimination.

Harassment in the workplace: Document details and track complaints

Business Management Daily

The post Harassment in the workplace: Document details and track complaints appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Employment Law Human ResourcesThis recent sexual harassment lawsuit case proves that if the matter gets to court, the more details you can provide, the better.

Document each stage of progressive discipline

Business Management Daily

Employers with a progressive discipline process have an advantage if a terminated employee sues them for discrimination. The post Document each stage of progressive discipline appeared first on Business Management Daily. Skipping the discipline step? Be prepared to explain why. Centerpiece Firing Human Resources

When have you crossed the line into immigration status discrimination?

Business Management Daily

Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. refuse to honor the documents the employee offers if they are legally acceptable and appear to be genuine. Discrimination and Harassment Employment Law

How to fire someone fairly: Document your decision

Business Management Daily

No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. The post How to fire someone fairly: Document your decision appeared first on Business Management Daily. Be prepared! Centerpiece Employment Law Firing Human Resources

COVID-19 Vaccine Guidance Released

HRWatchdog

For example, an employer may not retaliate against someone who alleges that the employer’s vaccination policy discriminates or has a disparate impact on a protected group.

Protecting Your Company from a Discrimination Lawsuit

Stratus

businesses and government agencies paid out more than $482 million to resolve work-related discrimination and harassment claims in 2016, a number that the EEOC indicates is on the rise. As an employer, it’s essential to have policies in place to prevent workplace discrimination, but where do you start? Steps to prevent discrimination and harassment in your workplace. Accordingly, our company has zero tolerance for harassment in any form or other such unlawful discrimination.

Documentation: Vermont Hospital Heeds HR Words to Live By

HR Daily Advisor

As an employment lawyer, the first question I ask clients who are dealing with a challenging personnel matter is what type of documentation exists. Because in the world of employment litigation, documentation is king! District Court for the District of Vermont is an excellent example of how an employer’s clear, objective documentation saved it from a lengthy and costly employment discrimination trial. Leave Policy/Compliance documentation Vermont

How To Avoid Damages Involving Pregnancy Discrimination

AbelHR

In fact, the Equal Employment Opportunity Commission (EEOC) logged a whopping 2,753 pregnancy discrimination charges in 2019, which represents the lowest rate in almost a decade and is down almost a third from the 4,029 filed in 2010.

It just got a little easier to charge you with discrimination

HR Morning

Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . The new regulations , which come from the Department of Justice (DOJ), say it’s now discriminatory to treat workers differently when requesting verification documents during the I-9 or E-Verify process — regardless of whether the employer’s intent is to harm or help an individual.

Documenting Employee Performance—Avoid These 10 Mistakes

HR Daily Advisor

Today, we present Fentin’s top 10 mistakes employers make when documenting employee performance. Forgetting an audience—who will read the document? No supporting documentation—claims made on the appraisal should be supported. Fentin outlines a number of possibilities: Discrimination. Discrimination if there is a reference to FMLA leave or ADA accommodation (or anything related to employee’s physical or mental condition) in the review.

When a previously good performer starts to slide, carefully document decline

Business Management Daily

When an employer fires a worker for poor performance and the worker sues alleging some sort of discrimination, the employer must be ready to explain any apparent decline in its performance appraisals. The post When a previously good performer starts to slide, carefully document decline appeared first on Business Management Daily.

‘Impossible Demands’ Lead to Disability Discrimination Lawsuit

HR Daily Advisor

Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. A recent lawsuit filed in the federal district court in Worcester highlights the dangers of demanding extensive documentation to justify an employee’s fitness for duty. by John S. Gannon.

Disability Discrimination in the Workplace Costs Employers

HR Daily Advisor

It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). According to the Equal Employment Opportunity Commission (EEOC) charge statistics for 2016, over 28,000 disability discrimination charges were filed with the agency. The number of disability charges was topped only by claims of race discrimination and retaliation.

Coronavirus Q&A

HR Counselor's Corner

An employer’s actions taken during the COVID-19 pandemic should be both consistent and uniform across the organization to avoid the risk of discrimination. Asking employees in high risk categories not to come to work could lead to discrimination claims.

What is intersectional discrimination and why should you care?

OmegaHR Solutions

The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. You need to be aware of this and all of the other things contained in this document. Intersectional discrimination. would be evidence of intersectional discrimination.

Civil Rights Law Opens Door for DACA Recipients to File Alienage Discrimination Claims

HR Daily Advisor

In 2014, a federal court in New York pronounced that refusing to hire DACA recipients with employment authorization could constitute “alienage discrimination” under the Civil Rights Act of 1866. The spike of alienage discrimination lawsuits by DACA recipients will certainly transform employers’ practices on hiring, firing, and recruitment or referral for a fee from here on out. National origin discrimination and citizenship status discrimination are distinct in nature.

How do you prove discrimination (when you’re accused of inappropriate relations with a student)?

The Employer Handbook

Still, it seems like an excellent excuse to get back to basics and explain how courts analyze discrimination claims). She claimed discrimination. On its face, that looks like discrimination. Discrimination and Unlawful Harassment[link]. Beats me.

Caregivers are protected from associational discrimination

OmegaHR Solutions

Caregivers of disabled infants are protected under the ADA from associational discrimination. I have written a couple of times about associational discrimination as you can find here and here. What is associational discrimination you ask? Basically it is when and employee suffers some job discrimination because of their association with someone who is protected. The ADA violation is associational discrimination. Associational discrimination is a real thing.

EEOC Issues New Guidance on National Origin Discrimination

Berkshire Associates

On November 21, 2016, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on national origin discrimination. The guidance, which is a sub-regulatory enforcement document, replaces the Commission’s 2002 Compliance Manual section on the same topic. Diversity HR Training Workplace Discrimination

How to Avoid Discrimination when Promoting Employees

Insperity

Promotions, which fall under the heading of terms and conditions of employment, are covered by federal and state employment and non-discrimination laws. Discrimination lawsuits related to promotions are most common when there is no standard promotion policy or it is inconsistent or not well documented. Documentation of who is interviewed and why they did/did not get the promotion, etc. You have your eye on an employee you’d like to promote.

The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

The Employer Handbook

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case.