The top ten mistakes employers make that can lead to litigation

Lexology. com Smith Moore Leatherwood LLP Peter A. Rutledge USA March 14 2011 Sometimes getting through your workday is challenging enough in itself. Flurries of meetings, paperwork, emails and phone calls bombard us all, and amid the stress, it’s very easy to forget the essentials of the most basic HR practices. What is infinitely more stressful, however, is your company being sued by a disgruntled employee. The following list serves to remind you of the fundamental ways you can protect your company (and how you can keep “testify in court” off your to-do list). Poorly drafted or inconsistently applied personnel policies: In addition to reviewing your policies periodically, you need to ensure that they are internally consistent, and that policies are based on and accurately reflect the law (ADA, FMLA, etc.) It’s also extremely important to remember that no good deed goes unpunished. Inconsistent application of policies is the most fertile ground for plaintiffs in discrimination claims. Your good deed could be used against you. Unintentional modification of at-will employment: Oral promises like, “You’ll always have a job here,” or “Keep up the good work and you’ll be promoted,” can get you into hot water. The failure to affix appropriate at-will disclaimers in manuals or policies can also have consequences later. Breach of contract claims almost always go to a jury, so your best defense is to avoid inadvertantly creating an employment contract in the first place. Mishandling personnel documents and information: The list of things that should be included in personnel files includes applications/resumes, performance reviews, employment contracts, corrective action memos, and signed employee acknowledgments. Things that should never appear in personnel files include medical information, I-9 forms, information about employees’ protected status, or potentially libelous material. Careless treatment of employee complaints: In addition to having a clearly written complaint policy, you should respond to complaints promptly, thoroughly and effectively. Maintaining as much confidentiality as is reasonably possible, and involving only those who need to know are key. Assurance against retaliation is also essential. Full Story: http://www.lexology.com/library/detail.aspx?g=56ba0377-eca4-4154-b51d-6b3a1a2969ef&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-03-31&utm_term=