|Do you have the following? If you don't, you may be in danger of an post-termination lawsuit, even here in Oregon. The bottom line? If it isn't documented, it didn't happen. If it isn't equitable to all employees (do you have proof that it is?), it doesn't stand up in court.
Essential to establish a standard by which to hold employees accountable for discipline.
Again, establishes a standard by which to hold employees accountable, and ensures equal treatment of all employees.
Employee Handbooks should include statements that indicate you are in compliance with specific federal acts (ADEA, ADA, Title VII, EEOC), include your practice philosophy, a legal disclaimer, and an EAW statement.
After publishing your Employee Handbook, review it with your staff, ensure they each have their own copy (to be returned upon end of employment), and each employee must sign a statement that indicates that they have received the Handbook, have reviewed it, and have had opportunity for their questions to be answered.
We recommend that prior to publishing your Employee Handbook you have it evaluated by an Employment Attorney.
This includes coaching notes, written warnings, verbal warnings, and all should be signed by employee. Annual Reviews are also considered proper documentation that should be enclosed in each employee's personnel file.
10 Rules of Employee Discipline
• Document early and often (if its not written down, it didn't happen).
• Record facts (not opinions) that caused you to be aware of the problem.
• Document facts, not conclusions.
• Be objective, simple, consistent, and specific.
• Record exact quotes.
• Keep comments concise.
• Record explanation of rule in question (and attach copy of job description or handbook guideline)
• Give employee opportunity to write a signed rebuttal.
• Document reasons for termination or resignation.