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Don't Get Caught With a Smoking Gun in Employment Cases: Ask Managers to Be Honest and Thoughtful When Giving Evaluations of Employees


Every employment lawyer defending an unlawful termination case has lived through the nightmare of coming across a "smoking gun" while leafing through the client company's documents: a document that the lawyer didn't know about and one that the company's management didn't realize would come back and haunt them. Unfortunately, it will now need to be turned over to the plaintiff's counsel, who is sure to make a good use of it. So how can you prevent this nightmare from happening? What are the most common smoking guns that trip up employers?


This article appeared in the March 27, 2009 issue of The Portland Business Journal.


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