Question: On a “to-do” list for good corporate policies, what should we be doing?
Answer: First, preserve the at-will relationship. Avoid promises about job security. Second, regularly review and evaluate the performance of employees. Third, document performance reviews and warnings with file memoranda which the employee reads and signs.
Fourth, do not make promises or assurances the company cannot keep. Fifth, if there is misconduct, make sure the employee has been warned and has had a chance to correct the problem before the discharge occurs. Sixth, if your company has written procedures, follow them.
Seventh, your company needs to take consistent action in similar situations and avoid favoritism. Eighth, supervisors and managers must be trained to watch their language. Calling an employee “babe,” does not help your defense. Ninth, never take action out of anger. If you must, send the employee home first. Tenth, use your good judgment: ask if the your conduct will appear reasonable to a jury of the employee’s peers.
Note:
The above should not be interpreted as offering legal advice in any jurisdiction where such practice is not authorized. Engage competent counsel familiar with your jurisdiction when legal issues arise.
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