No Documentation = No Options? Not True
Lonnie Giamela, a partner in both the Irvine and Los Angeles offices, was quoted in the February 23 West Employment Alert article "No Documentation = No Options? Not True." The article noted that if a manager does not have written documentation to support a desire to terminate an employee their hands may not be completely tied. Lonnie said the first step employers should take is to assess what they do have. "Are there objective facts you can point to such as the employee clocking in late three times in the past two weeks?" He added that there also may be some safety in numbers. "Talk to more than just the manager who wants to fire the employee to see if others have seen the same problems." Past disciplinary actions also must be considered. "Ask whether others have been terminated for similar actions or behavior. If they have, it makes it easier to justify the termination."