How should employers communicate with employees about disciplinary or other concerns that might eventually lead to termination?

It really boils down to maintaining an open and ongoing dialog and being honest with employees when problems or concerns arise. Good employers are consistent in yearly performance reviews, and they make sure there’s good informal communication throughout the year between the employee and his or her supervisor. The more fair and transparent the process, the less likely employers are to find themselves in a litigation situation.

And if they do, they will be more likely to be successful in defeating the challenge. It all goes back to the concept of maintaining good employee relations. How should employers document discipline issues and other concerns?

There is a perception that if something is written, it’s true; if something is typed and written, it’s really true; and, if something is typed and written on a form, it’s really, really, true. The point is that communication about employee performance should always be documented and the documentation should confirm that both parties ... more.

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