Employment Problems that could have been Avoided
Through our years of practice we have seen numerous employment problems that could have been averted or resolved with prior intervention. For example:
Anxious to comply with the law, an employer determines that an employee who made three sexual remarks, sexually harassed a co-worker. While the conduct was certainly inappropriate, it did not constitute sexual harassment as defined by federal and state law. The employer's determination, however, could easily push a jury to find sexual harassment and to award monetary damages.
Afraid of a complaint, an employer retains an unproductive employee for an extended period of time. The employer's reluctance to take action creates an inconsistent progressive discipline policy that may be used against the employer at trial and complicate future termination decisions.
An employer is forced to reinstate and pay money to an employee terminated for theft because the employer was unable to prove that it had investigated and disciplined the employee fairly.