By Thomas M. Hanna
This can be a consultant for either managers and HR execs that explains how one can protect themselves opposed to court cases through staff they've got disciplined or discharged. the major subject matters contain the right way to stay away from criminal motion, relatively by means of thorough documentation in the course of a disciplinary technique; if you happen to want an lawyer and the way to paintings with him/her; tips on how to win your case in court docket should you finally end up there - together with pointed recommendation on the right way to be an outstanding witness.
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Additional info for The Employer's Legal Advisor
We believed the jury was split on the issue so that the small verdict was a compromise that allowed the jury members to agree and dispose of the case with finality. Here’s another case that shows the importance of interpreting employee behavior. Some years ago, before sexual harassment became a recognized cause of action, I defended a discharge case for a defense contractor where the manager, Bill, had become fed up with the shenanigans of an employee named Ernie. Bill effectively used progressive discipline with Ernie, eventually made a case, and recommended discharge.
Putting off what needs to be done in a timely manner creates unnecessary problems in the future. For these reasons, first-line supervisors must be aware of the need to be alert and to report what they see or hear about, all in an atmosphere that rewards them for their vigilance. One case my firm dealt with involved Ruth, a production worker who was having problems with her second marriage. Jake, a coworker, often talked to Ruth and other workers about sex-related matters. Ruth later claimed his sexual innuendos and outright salacious comments were offensive, but she admitted she never reported these comments to management.
It was simply a failure to recognize the sweeping nature of workplace change brought about by Title VII and case law developments resulting from widespread litigation. Fortunately for the client, there were no serious damages in the form of back pay because during litigation, all of the company’s jobs were opened to women and it was literally years before anyone accepted what had once been a male-only job. * In addition, the client was saddled with fees from the plaintiff ’s attorney by reason of the ‘‘prevailing party’’ rule.
The Employer's Legal Advisor by Thomas M. Hanna