The more experienced I grow in my profession the more likely I am to turn away potential employee lawsuits in which the employee has not voiced their concerns in writing. Before the days of the internet employee lawyers were not so lucky as to be able to do a document demand and uncover text messages and emails demonstrating a public policy complaint. Without a written complaint the case will most likely be disputed as to what the employee said and what the company said.
Besides not putting one’s thoughts into writing, all too often I see complaints that fail to mention the public policy violation. Employees may be nervous to come out and make the accusation. However, their offense to the issue is entirely minimized by a detailed complaint that fails to mention the illegal conduct they want to sue for.
Employers are equally as guilty for poor records. Human resource investigators are usually wholly untrained to conduct sexual harassment investigations. They are not police officers, or lawyers. Their note taking skills are usually poor. They do not understand the importance of keeping original documents. Notes transcribed into Word are not the real thing. But where is the file, and why did it only surface during a deposition?
Learn more about properly documenting a sexual harassment complaint by visiting Mr. Gerber’s website. He is a licensed attorney is four states and represented employees since 1993.