High Risk Management Practices

No Performance Documentation

No Employee Training

No Evidence of Misconduct

Grade Inflation on Employee Evaluations

Failure to Partner with HR

Inappropriate E-Mails

Inconsistent Treatment

Inappropriate Discussions About Sensitive Employee Matters

 

Documenting Performance

Why is performance management important?

  • If done correctly, performance management documents can be used to establish an employer’s legitimate, non-discriminatory reason for the adverse employment action
  • If done incorrectly, performance management documents can be used to establish the plaintiff’s claims or, at the very least, undermine the employer’s purported legitimate, non-discriminatory reason (i.e., “pretext”)

 

Good Performance Evaluations Require:

  1. Accuracy
  2. Acknowledge the good and bad
  3. No sugar coating
  4. Fair and easy to understand
  5. Documentation is key
  6. Factual
  • Give specific factual examples
  • State more than a mere “conclusion”

Termination and Discipline

Progressive discipline except for serious misconduct

Involve HR

Consider treatment of similarly situated, past, present and future

Discipline, especially termination, should not come be a surprise

Plan carefully the termination meeting

 

Termination Issues

Legal Liability:

  • Risk Assessment
  • Mass Layoffs/Adverse Impact Studies
  • Release Agreements
  • Advance Notice Requirements
    • Pursuant to Contract
    • Pursuant to Statute (i.e., WARN Act)
  • Severance Requirements

 

Documentation:

  • Document, document, document
  • Carefully and consistently
  • Even though it can be time consuming and bothersome

Contact Us

Managing Attorney

Angel A. Castro, III, Esq.

60 Broad Street

24th Floor
New York, NY

10004 

 

 

Phone: (646) 234-3177
Fax: (212) 731-0217

 

Hablamos Espanol

Visita
CNYabogado.com

 

Serving the New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Westchester, and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.

Meetings

We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.

This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.

 

Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.

 

Prior results do not guarantee a similar outcome.

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© Complex Litigation, Appeals & Negotiation by Angel Antonio Castro, III, Esq.