Q: Are there ways to reduce the chance of an "Employment Practice" claim?
A: An ideal approach for reducing Employment Practice claims (as in wrongful termination, harassment, etc.) is to facilitate a predictable environment outlined in your faculty handbook. You can also minimize confusion by verbally reinforcing job-related expectations throughout the school year. To help achieve this, ISM recommends some actions to protect your school from possible lawsuits.
- Have a clear job description with agreed upon goals and benchmarks. At the time of hiring, reflect upon necessary characteristics and attributes to be successful in the position.
- Hire based upon a candidates ability to fulfill job requirements.
- Use the approved measures as a basis for annual employee evaluations.
- Coach your staff throughout the school year to reduce surprises and promote cooperation.
- Create a corrective action protocol. This should identify when it’s appropriate to deliver a “verbal” warning instead of a written notice, a script for either conflict, and include documentation to keep record.
- When termination is unavoidable:
- Be certain of your action; do not change your mind (absent a "revelation").
- Be preapred and script your execution, do not deviate from the plan
- Always document the incident for your records.
- Be consistent in all you do. Treat similarly situated folks the same way.
