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Louisiana

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

No real effort to improve? It’s time to fire

01/09/2012
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.

Your detailed records: Keys to legal victory

12/02/2011

You never know which employee will file a discrimination lawsuit. These surprise lawsuits often allege that the employer disciplined ­others outside the employee’s protected class less severely for the same transgression. Protect your organization by providing detailed reasons for any discipline at the time it occurs.

Don’t let FMLA request stop discipline that was already in the works

11/30/2011

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

Before starting ADA accommodations process, ask basic question: Is this employee disabled?

11/30/2011
Finding a reasonable accommodation is a two-way street. Both the employer and the disabled employee are supposed to engage in the ADA’s interactive accommodations process. But part of that interactive process includes determining whether the employee is, in fact, disabled. If he’s not, the process need go no further.

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

Expect union reps to aggressively push grievances

10/31/2011
Is your workforce unionized? Then expect union reps to push grievances aggressively, especially if they involve possible racial issues. That’s because more employees are suing unions over timid representation.

Even if jobs seem quite similar, feel free to use different hiring criteria

10/31/2011
Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.

Safety first if alleged sex offender applies

10/31/2011
An employer that knows an applicant has been accused of sexual harassment or abuse can use that as grounds for refusing to hire. That’s true even if the applicant was never found criminally guilty or lost a lawsuit based on the allegations.

Committee choosing employees for promotion? Insist on complete record of selection factors

10/04/2011
It’s hard picking which employees to promote and which ones to pass over, especially when a committee must make the decision. The HR professional overseeing the selection process should get proactive by insisting that the committee document the proc­­ess.