In yesterday’s Advisor, we looked at five things you never want to have to say in court; today, three more, and an introduction to the all-in-one solutions website for HR managers.
‘No, really it was performance’
This is the standard “now I’m changing my story” line. Here’s the scenario: you fire someone whose performance has been poor, but to be nice, you say, “Your job was eliminated because of economic pressure.”
But then you fill the position. So the fired employee sues, alleging that you fired him or her because of membership in a protected class. Now you’re in a pickle—if you stick to your story, you’re a liar because the rehire proves your story is untrue. If you change your story (“No, it was really poor performance”) you just instantly prove yourself a liar.
‘I didn’t think I needed to write it down’
When there’s no written record, it’s hard to prove that something took place. Sitting in court, a few years after the fact, you probably won’t remember accurately the exact words you said and the exact date on which you said them.
Even a so-called “oral warning,” often the first step in a progressive discipline policies, should be documented. Also, remember that contemporary documentation is best. Documentation created long after the event is less convincing.
HR budget cuts? Let us help. HR.BLR.com® is your one-stop solution for all your HR compliance and training needs. Take a no-cost, no-obligation trial and get a complimentary copy of our special report Critical HR Recordkeeping—From Hiring to Termination. It’s yours—no matter what you decide.
‘Our customers demand it’
Customer preference is often advanced as the reason for acting in a discriminatory manner. For example, saying that since the clientele of the store is young and white, all the sales people have to be young and white. But customer preference is not an acceptable basis for discrimination. It won’t fly in court.
Staying out of court—an HR priority, but increasingly a challenge, what with changes in the laws, stretched budgets, over-worked people. And, of course, avoiding lawsuits is just one of what, a couple of dozen recurring HR challenges? What about new COBRA rules, FMLA intermittent leave, overtime, ADA accommodation, and sexual harassment, to name just a few?
You need a go-to resource, and our editors recommend the “everything HR in one website,” HR.BLR.com. As an example of what you will find, here are some policy recommendations concerning e-mail, excerpted from a sample policy on the website:
Privacy. The director of information services can override any individual password and thus has access to all e-mail messages in order to ensure compliance with company policy. This means that employees do not have an expectation of privacy in their company e-mail or any other information stored or accessed on company computers.
E-mail review. All e-mail is subject to review by management. Your use of the e-mail system grants consent to the review of any of the messages to or from you in the system in printed form or in any other medium.
Solicitation. In line with our general nonsolicitation policy, e-mail must not be used to solicit for outside business ventures, personal parties, social meetings, charities, membership in any organization, political causes, religious causes, or other matters not connected to the company’s business.
We should point out that this is just one of hundreds of sample policies on the site. (You’ll also find analysis of laws and issues, job descriptions, and complete training materials for hundreds of HR topics.)
Find out what the buzz is all about. Take a no-cost look at HR.BLR.com, solve your top problem, and get a complimentary gift.
You can examine the entire HR.BLR.com program free of any cost or commitment. It’s quite remarkable—30 years of accumulated HR knowledge, tools, and skills gathered in one place and accessible at the click of a mouse.
What’s more, we’ll supply a free downloadable copy of our special report, Critical HR Recordkeeping—From Hiring to Termination, just for looking at HR.BLR.com. If you’d like to try it at absolutely no cost or obligation to continue (and get the special report, no matter what you decide), go here.