Mr. Bruce says, ultimately, that employers should follow these four important steps in order to avoid costly litigation in a wrongful termination lawsuit:
1. Interview all key witnesses
But remember these interviews should specifically focus on the employee making the allegations and the employee who is accused of wrongdoing.
2. Don’t rush to a decision
“This means taking sufficient time to review all evidence, such as videos, and asking all necessary questions.”
3. Don’t make assumptions and pin down discrepancies
“If a witnesses’ story doesn’t make sense, ask about the shortcomings. Or, if a witness seems uncertain about something, don’t treat it as a fact unless you can corroborate it.”
4. Be ready to back up your decision
“If you make a credibility determination as to who is telling the truth, make sure you can back it up with a good-faith reason. Often, employers will have he-said-she-said scenarios. The best way to show that the ultimate determination in that situation is not discriminatory is to have gone through an appropriate investigation.”
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