The Employer’s Legal Advisor

The Employer’s Need to Act

When I worked for the National Labor Relations Board (NLRB) in the early 1960s, I found that most employers had minimal if any documentation to support the discharges of errant employees. As the years progressed and litigation increased, employers became aware of the need for greater effort to support decision making that affected employees. Those employer efforts substantially increased with the advent of civil rights litigation. While for the most part the majority of my clients did a good job dealing with their employees, someone would invariably try to exploit any honest mistake they made. My clients often found (and still find) that plaintiffs’ lawyers try to find any questionable act or omission and then exploit ...