Tips to Help Prevent Employment Lawsuits
Solid documentation – The amount of documentation an employer has on file significantly increases their chance of successfully defending against a claim. Conversations with employees, evaluations, attendance issues, performance issues, etc. should all be documented and signed by the employee if the document was discussed with them.
Accessible and compliant time records – Under California law, employers must record and maintain accurate time records. Time records must record all employees’ working time and meal periods. Additionally, records must be maintained in a usable manner and in accordance with state retention requirements.
Company-wide knowledge of policies – More than one person in the company should have full knowledge of the employment policies, including when and why they were implemented, and how they have changed.
Consistent communication of expectations – Employees should receive performance feedback regularly and accurately via performance reviews. According to Employment Litigation Attorney, Anthony Zaller, “reviews will likely be the primary focus in a wrongful termination, discrimination, or relation claim, and therefore the reviews need to be accurate”.
Current employee handbook – An employee handbook is a valuable tool that can be used to clearly communicate company policies to employees. Having written policies helps the company hold employees accountable, and can serve as a defense in discrimination claims.
CA Employment Law Report