If you have employees, you could face an employment lawsuit one day. It isn’t just something that “happens to other people.” Of course, the best way to avoid a lawsuit is not to break the law in the first place, but that doesn’t reduce your risk to zero. How you handle problem employees makes all the difference in how a court will look at your decisions.
1. A findings memo without any reasoning shown
You may know, beyond a shadow of a doubt, what happened. It may be 100 percent clear to you, but without documentation, your court case won’t go well. Coombe writes:
“A conclusion without documented reasoning isn’t a finding—it’s an assertion. Plaintiff’s attorneys never just challenge what you concluded. They challenge how you got there and why. If the file doesn’t show the work, the work might as well not have happened.”