Article Written By Daniel Schmitt
We often ask our clients if they truly understand at-will employment, and why human resource professionals and attorneys are always asking “where is the documentation?”
Generally, there is no documentation, and we hear “I have a right to fire them for any reason, right?” Well, the answer is no, you can’t terminate someone based on a protected characteristic, that’s what we call discrimination.
Therefore, no matter how confident or certain you are about why you are taking some form of personnel action, it is critical to document the situation and the justification so that if the time comes where the documentation must stand alone and defend your actions, it will do so effectively. Good documentation practices improve the Risk Management of your Employment Practices, and ultimately reduce risk and liability exposure when done consistently and effectively.