[The following article is written by guest author, Kelly Kilpatrick]
Although the concept of "at-will employment" is intended to protect both employer and employee regarding non-contract employment, chances are that at some point in time you, as an employer, will have to explain yourself after terminating an employee. The importance of record keeping cannot be understated; well-kept records can save you a lot of time and headaches if you maintain your files regularly.
There are a number of issues an employer should be keeping track of to ensure that it is covered, in the event a former employee initiates a wrongful termination claim. Here are five ways in which you can help "cover your bases."
- Maintain complete employee files. This may sound like common sense, but each employee should have a file documenting all aspects of his or her employment - from new hire paperwork to performance reviews. This documentation is essential, especially if a former employee files for unemployment or files a employment grievance against you.
- Keep manager and supervisor logs. Have all of your managers and supervisors log and document all activities throughout the work day. Doing this not only helps when things go wrong, but is an excellent communication tool for your business - especially if you are unable to meet with everyone on a daily basis.
- Write up employees for infractions. Many companies have a "three stikes, you're out" policy. Whether this is true of your business, do your best to cite all infractions and place these write ups in the employee's file. Follow through with your policies and procedures, but always secure the proper documentation.
- Support your claims. Here are some examples. If you are writing up an employee for tardiness, be sure to record the proper supporting evidence and attach it to the write up. If a client or customer has filed a complaint, place a copy of the complaint in the employee's file along with your own documentation. And remember, the more information you can provide, the better.
- Remain professional. Never discuss an employee's termination with anyone besides those that need to be involved. If you are considering termination and building a case for doing so, keep it to yourself. Remain calm and professional. Keep impeccable records and documentation.
Knowing that all of your bases are covered will allow you to rest easier when it comes to at-will employment issues.
[Kelley Kilpatrick writes on a number of employment issues, including the subject of best criminal justice programs. She invites your feedback and can contact her at kellykilpatrick@gmail.com.]
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