While employers typically have what they consider valid policies that outline the grounds and procedure for terminating an employee, charges of discrimination are often related to termination. Employers may be liable for lost wages in the form of back pay and future pay, as well as lost benefits, emotional distress damages, attorneys’ fees, and even punitive damages.
With the assistance of an experienced employment law attorney, an employer 's can review all current formal and informal, written and unwritten, workplace policies, determine the best and worst case scenarios related thereto, and then modify and revise accordingly any suspect policies and practices to insure that employees are terminated for legally valid and not discriminatory reasons. Here are some tips:
1. REVIEW POLICIES AND PROCEDURES
An HR audit is a proactive and preventative measure. Review personnel policies, procedures and other human resources documents, including employee handbooks and employment contracts. Often such materials become outdated. Talk to employees and determine problem areas. Then analyze whether the company 's practices and procedures meet its obligations under the law. Small steps are still steps in the right direction.
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...ons to terminate and raise a genuine dispute on pretext. It shouldn 't say in employee file documents that an employee was fired for allegedly unacceptable performance, but then also indicate that she was “eligible for rehire.”
By acting proactively, employers can greatly reduce the risk of litigation as well as enhance their position of defense in the event it occurs. Objective and consistent practices are necessary to effectively reduce this risk. Perhaps even the key. Employers must know whether they are exposed to liability by any of their pre-existing employment policies and procedures. All of the foregoing necessitates the competence and advice of a knowledgeable labor and employment law attorney. Schedule a free consultation with Nancy Gray to help protect your rights under both California and federal law. Call (310) 452-1211 or visit www.grayfirm.com today.
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