The Employer’s Legal Advisor

Employer’s Legal Pad—Chapter Ten Checklist

When you confront an employee to announce any kind of adverse action, be sure to explain the reasons for the action clearly and unequivocally. Be honest and straightforward, even if it’s uncomfortable. Remember, it will only be more uncomfortable if you end up saying it from the witness stand. If the action you’re about to take is fair, communicating the reasons directly will reduce the odds of a lawsuit.

• Avoid claims of pretext by documenting your decision. (If you fire someone in a protected class for, say, violating the attendance policy, be sure to have a copy of that person’s attendance record.)
• Discuss the reasons behind an adverse action with others only on a need-to-know basis when the reason ...