Recordkeeping Critical to Avoiding Legal Liability

Documentation

                If you get sued by one of your employees, the first thing your defense lawyer will want to see is the employee’s personnel file. Many employers don’t know what to keep in their personnel files or don’t retain the records long enough.

               The most important records if you get sued will be those concerning your employee’s performance. Formal evaluations are helpful, but regular notes of day-to-day problems with your employees are even better.

               You need to get into the habit of writing a note to the file every time your employees perform well or poorly. The notes do not have to be pretty; they can even be on scratch paper. Just be sure to date each note.

               Other than performance notes, many other records should be readily available on each employee. The simple checklist at the end of this article should help you decide what employment records to create, file and retain so that you can defend yourself adequately against any employee claims. Continue reading Recordkeeping Critical to Avoiding Legal Liability →

Even Family Firms Need Policies

Personnel Policies

            Most employers call me in my role as an employment attorney when something has gone wrong in the workplace—an employee is using drugs, not showing up for work, being unproductive or demonstrating a bad attitude.

            When asked about what has happened in the employment relationship before this problem arose, many employers will tell me that they have been running the company like a “family”.

            Because it was a family, the employer didn’t want to be very strict, didn’t adopt a written policy manual, failed to institute any formal rules or take the time to carefully clarify expectations. Generally, the employer has interpreted being a “family” as an excuse to be passive, tolerant and to avoid conflict.

            Sounds great. Doesn’t work. Continue reading Even Family Firms Need Policies →