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Louisiana

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.

Not every illness constitutes a disability

10/15/2019

Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.

Nepotism isn’t necessarily discriminatory

10/15/2019

Justified or not, unsuccessful candidates without an inside track may feel as if they were cheated because they weren’t related to someone with influence, who could pull strings to help them. That disappointment won’t necessarily mean they will be able to turn charges of blatant nepotism into a Title VII discrimination case.

Yes, you can fire workers who take FMLA leave

09/04/2019

Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

Investigate every claim of sexual harassment

09/04/2019

With the rise of the #MeToo movement, many employers worry that alleged victims will falsely accuse someone of sexual harassment. It’s a realistic fear, but you should never use that as an excuse not to investigate sexual harassment complaints when they surface.

Quick action following harassment claim is essential

08/01/2019

When an alleged sexual harasser is a co-worker, employers must take immediate action to investigate. That investigation must be designed to stop any ongoing harassment and prevent future harassment. That means following up with the victim.