The Employer’s Legal Advisor

It’s Not Only What You Say But How You Say It

What you say to an employee in your writings is important. Sometimes it pays to state the facts in a cold but objective manner. This is usually true in cases of active misconduct. But what about situations involving layoff, demotion, or other circumstances where the employee cannot perform the job up to expectations? When the employee is not guilty of bad conduct but merely inept your writing should take a softer tone, while not omitting the facts favoring the company’s decision. This is especially true when the employee may be the object of sympathy because of race, sex, disability, or some other protected status.

Suppose you have an employee in a protected category who has amply demonstrated his ...