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Louisiana

Demonstrate good faith by keeping thorough notes detailing your investigations

02/10/2020

Judges don’t want to second-guess employer decisions. But they do want to see that employers act in good faith when they terminate workers. That makes it essential to document every investigation that might lead to a firing.

When documenting discipline, note all details

02/10/2020

When an employee files a lawsuit alleging discriminatory discipline, she will point to other employees outside her protected class who were treated more leniently. It’s critical for employers to document the details that distinguish one case from another.

Beat potential discrimination lawsuits by documenting rationale for reorganizing

02/07/2020

Employees whose jobs are eliminated during a reorganization sometimes suspect that they got the axe because of some discriminatory reason. Then they sue. But employers don’t have to worry too much about those lawsuits—if they have documented the underlying reasons for the reorganization.

Check employee’s EEOC filings for missed deadlines

02/06/2020

Employers should always check EEOC complaints to make sure the deadline was met. If more than 300 days have passed, and the employee still sues, you can usually get the case tossed out.

OK to expect better behavior from managers

02/06/2020

While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.

Document poor performance, reasons for discipline

01/17/2020

Always document how employees perform and how you handle discipline. If an employee isn’t doing her job to your expectations, create detailed notes describing exactly what she’s doing wrong.

Employer doesn’t have to prove poor performance

01/17/2020

When it comes to whether an employee is meeting employer expectations, courts almost never look closely at the specifics of that performance. If the employer honestly believes the worker isn’t doing her job, the court won’t second guess.

Details matter when deciding if retaliation occurred

01/15/2020

Workers are shielded from retaliation for engaging in protected activity like complaining about alleged discrimination. Be prepared to show that anything unpleasant they experience isn’t punishment.

Clear harassment policies, reporting procedures protect both victims and employers

01/15/2020

Employers sometimes assume that the safest course of action is to fire any employee accused of harassment. But that can be a painful choice if the employee is hard to replace or is otherwise a good worker.

Note exact date and time of firing decision

12/10/2019

If the employee brings up some form of discrimination to establish that she engaged in “protected activity” and claims the discharge was retaliation for her complaint, you can show that’s not possible because you made the decision before she complained.