Managing Non-Performers —Fioernza

Accordingly, all documentation related to the employee should be analyzed by the employer and its attorney prior to discharge. Where contradicting documentation exists, employment lawyers will often counsel a client to postpone a discharge. We will tell the client to try to rehabilitate the employee’s performance and carefully document those rehabilitation efforts. If they work, the problem is solved. If not, the client has time to document the worker’s performance deficiencies to offset the earlier contradictory documentation.