In tight times, employers must explore every cost-saving option. After looking at several ways to balance the budget, you may decide you need to trim the workforce. Don’t be surprised if a laid-off employee sues.
Sometimes, it’s clear that unless an employee shapes up, she’ll have to be fired. Argumentative, insubordinate employees who balk at even minor requests fall into that category. Carefully document infractions so when termination time comes, you have specific examples.
The key to a successful, challenge-proof reduction in force is using objective, measurable factors to determine who stays and who goes. That greatly reduces the likelihood that a former employee who loses his job to a RIF will win a discrimination case.
Move cautiously when dealing with an employee who complains about harassment and discrimination—especially if the complaint involves a supervisor who now wants to terminate him. Unless you have a pre-existing paper trail showing poor performance before the complaint, going back to create one is dangerous.
If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. That is, you let their similar behavior slide while you punished the fired worker more severely. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.
Q. Our company provides services to nursing homes. One of our therapists recently went out on workers’ compensation leave. The facility where she worked has since asked us not to reassign the employee back to its facility. However, we don’t have other placement options for this worker. Do we have any options?
A recent decision by the California Court of Appeal illustrates just how complicated and costly it can be to discipline an employee who is on protected leave.
Treating a disabled employee even a little differently than others can spell big trouble. That even applies to seemingly minor differences such as telling one employee in advance about an automatic termination policy, but not informing a disabled employee about the rule.
Many organizations serve customers who speak a language other than English, and require employees to have specific bilingual skills. If that describes your organization, make sure you can defend the language requirement if you’re sued.
Don’t let the fear of litigation keep you from making necessary decisions. Sometimes, you have to discipline employees for the good of the organization.