One sure bet attorneys make against organizations and their supervisors, and win that bet nearly every time is this; that organizations won't have a robust system for keeping track of the key documents they will need to defend themselves in a court of law. The bet also includes a belief that organizations have neither written policies, nor have they formally trained supervisors on proper documentation and record keeping. The danger for organizations is, even after leaving, an employee can still opt to file a lawsuit against the organization anywhere from 1 to 3 years in the future, or maybe longer, depending on the allegations.
To succeed against an employee lawsuit, courts require that your supervisors present documents that will prove that they did not do what the employee is claiming. And this you must understand; the burden of prove is on the supervisor and the organization, not the employee. What is the best path to success? Your documentation. This is why having a robust document retention (DR) program, backed up by solid policies, is absolutely critical in today's workplaces.
Maintain These Records
The list of records that must be protected at all times include virtually any and all documents supervisors handle in connection with their job. These documents include, but is not limited to; performance reviews, employee write-ups, supervisor termination notes, safety records, hazardous material records, training records, compliance records, records concerning altercations between employees, progressive disciple documents, all the way to time sheets, as well as documents pertaining to the organization's incentive programs. And depending on which agency the organization has to report to, there are specific number of years that certain records must be kept, such as payroll records, IRS tax records, and records submitted to the Department of Transportation.
Key Strategies
Here are five key strategies every organization should immediately initiate to protect themselves against the onslaught of employee lawsuits sweeping the nation. The organization should have a system that
(1) creates,
(2) maintains,
(3) stores,
(4) retrieves, and
(5) properly disposes of all documents associated with their business. Supervisors should receive continuous training on records keeping policies, and get briefed on how long documents must be maintained.
To succeed against an employee lawsuit, courts require that your supervisors present documents that will prove that they did not do what the employee is claiming. And this you must understand; the burden of prove is on the supervisor and the organization, not the employee. What is the best path to success? Your documentation. This is why having a robust document retention (DR) program, backed up by solid policies, is absolutely critical in today's workplaces.
Maintain These Records
The list of records that must be protected at all times include virtually any and all documents supervisors handle in connection with their job. These documents include, but is not limited to; performance reviews, employee write-ups, supervisor termination notes, safety records, hazardous material records, training records, compliance records, records concerning altercations between employees, progressive disciple documents, all the way to time sheets, as well as documents pertaining to the organization's incentive programs. And depending on which agency the organization has to report to, there are specific number of years that certain records must be kept, such as payroll records, IRS tax records, and records submitted to the Department of Transportation.
Key Strategies
Here are five key strategies every organization should immediately initiate to protect themselves against the onslaught of employee lawsuits sweeping the nation. The organization should have a system that
(1) creates,
(2) maintains,
(3) stores,
(4) retrieves, and
(5) properly disposes of all documents associated with their business. Supervisors should receive continuous training on records keeping policies, and get briefed on how long documents must be maintained.