Yesterday’s Advisor offered tips for keeping hiring and employment records. Today we tackle termination records and introduce an upcoming audio conference that will answer your specific recordkeeping questions.
As mentioned yesterday, attorneys Allen Kato and Trey Wichmann stress the importance of good records in fighting lawsuits. Today, their tips on terminations and termination records litigation:
Tips for Termination Records
“Nice guy” syndrome. When dealing with terminations, beware of the “nice guy” syndrome, says Wichmann. When you tell an employee with a performance problem that he or she is being fired because of a “poor economy” or because “funding didn’t come through,” juries are going to see it as a lie. Be sure the records reflect the real reasons for the separation.
Severance payments. Remember that severance payments must be “new consideration.” That means compensation beyond that to which the employee is already entitled.
Releases. When obtaining releases from older workers, be sure to follow strict rules concerning right to waive and revocability of releases, and provision of tables of eligibility, under the rules of the Older Workers Benefit Protection Act. You have to get releases right, adds Wichmann. Otherwise, you’ll pay the extra severance but not get a good release.
COBRA. COBRA does not have specific recordkeeping requirements, says Wichmann, but the employer needs to be able to show compliance with the law. Work with your plan provider to be sure that all required notices are given, and that they contain all required information.
When lawsuits are filed, will your electronic records stand up in court? The easier way to find out: BLR’s June 3 audio conference, Electronic Recordkeeping: What To Keep, What To Toss, What To Scan, and Where To Store It. Satisfaction assured. Can’t attend? Pre-order the CD. Click for full info.
What Are the Most Common Litigation Issues?
Court is the ultimate test of your recordkeeping, says Kato. He listed the most common failures that he sees:
Incomplete recordkeeping. Many records, he says, are available but are not complete. For example, in the press of business, no employee’s signature was obtained. The employee can then say, “I never knew.”
Incorrect information.When incorrect information, such as a wrong date, appears on a document, the whole document is suspect.
Smoking gun. Too many documents contain “smoking gun” statements. For example, a note in the margin that says, “Too old for this job.”
Inadequate answers. Someone has filled in the form, but answers are sketchy. For example, the form says, “Give specific examples” and the fill-in is “Yes.”
Sloppy. If parts of the documentation cannot be read or understood, the document will be of little help.
Missing or unable to retrieve. In many cases, says Kato, the document is missing or somehow lost in an electronic filing system.
Recordkeeping on the back burner? You’re going to pay the price eventually. Find out how to do it right at BLR’s June 3 audio conference, Electronic Recordkeeping: What To Keep, What To Toss, What To Scan, and Where To Store It. Can’t attend? Preorder the CD. Click for info.
Answers to Your E-Recordkeeping Questions
That can happen easily in today’s brave new e-world, where technology has raised as many questions as it answers: How do you ensure security of your electronic files? Can you toss the original of a document once you’ve scanned it into your system? Are there any records where the paper originals must be kept? What sort of system should you have in place for gathering all of these new e-records?
Answering those questions is the purpose of BLR’s newest audio conference, Electronic Recordkeeping: What To Keep, What To Toss, What To Scan, and Where To Store It. Attendees will learn how to manage electronic recordkeeping systems, including implementation, safeguards, and legal requirements.
The date is Tuesday, June 3, 2008. The time: 1:30 pm to 3 pm (Eastern Time—adjust for your time zone). As with all BLR audio conferences, one fee trains all the staff you can fit around a conference phone, and you can get your (and their) specific phoned-in or emailed questions answered in an extensive Q&A to follow the presentation. Your satisfaction is assured or you get a full refund. What if you can’t attend on that date? Preorder the conference CD.
For more information on the conference and the experts presenting it, to register, or to preorder the CD, click here.
Question: Can the I-9 be stored in the employee’s personnel file? Thank you.