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  Oracle Tips by Burleson

Do Not Alter Company Records and Documentation

One of the simplest steps that an employer can take to bolster their defense of lawsuits is to not modify its records or documentation related to employees. Throughout the term of employment for employees, substantial amounts of records and documentation are maintained including letters of employment, release agreements, arbitration agreements, employment contracts, and company policies, procedures, and directives. Documentation is also accumulated during investigations for reasons of just cause firings.

Additional information can be added on separate documents but should not be merged into existing documentation. It is not recommended to rewrite records since again how will the court know if you accurately rewrote the information, and whether the facts were changed intentionally or unintentionally. Retain all original notes even if summaries are compiled.

If a claim of alleged wrongful discharge against an employer progresses to the point of a lawsuit, then all records will come under close scrutiny by the court. Any hint of information being altered will cast doubt on the employer’s case.


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm


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