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Discrimination Suits for Wrongful Discharge

Procedure for Reducing Liability Exposure

  • Provide employees with written policies and rules to know conduct expected and grounds for discipline and discharge.

 

  • Establish review procedure to verify discharge is legitimate.

 

  • Document all personnel actions regarding employee’s discipline history, including evaluations and counseling notes.

 

  • Conduct exit interview with fixed format and well documented.

 

  • Be sure termination complies with practice, procedures and policies.

 

  • Try to use Alternative Dispute Resolution.

 

  • Review Employee Liability Insurance by legal counsel.

 

  • Obtain a release and waiver from employee stating:

Ø      Is voluntary and knowing

Provision for severance pay, outplacement services, confidentiality, group health coverage, accrued vacation pay and statement that employee was advised to consult with his or her attorney.

 

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