Document before termination. If possible, document infractions (that may lead to termination) before you terminate the employee. For example, write down in memo form instances of employee misconduct or poor performance, then meet with your employee to discuss the matter. Present the memo and ask your employee to sign same to acknowledge receipt, keeping a signed copy to place in the employee's personnel file. In the memo, advise the employee that any further infraction could lead to discipline, which could include termination. Now you have "documented" the event.
Wage Claims lawsuits are more prevalent now than at any other time in American history. This continuing series aims to inform the public about wage issues and how to address them.