CMM recently secured a full dismissal for one of our clients before the New York State Division of Human Rights. The complaint alleged discrimination based on race, religion, and criminal convictions, as well as retaliation for alleged complaints of discrimination. Following its investigation, after review of CMM’s Position Statement filed with the Division, and without the need for a formal hearing, the Division found no probable cause and closed the matter in its entirety.

CMM Senior Partner Christine Malafi worked closely with the client early in the employment relationship to ensure that the employee’s ongoing performance issues were consistently and sufficiently documented. Concerns were clearly communicated to the employee and supported with written records throughout the process. When the decision to terminate employment was ultimately made, the documentation spoke for itself.

This type of outcome is far more likely when employers take proactive steps from the beginning  and far less certain when they do not.

If your company is not consistently documenting employee performance issues, you may be exposing your business to unnecessary risk, regardless of whether the employee is terminated or leaves voluntarily. Employers should not wait until problems escalate or employment decisions are made. Documentation should be timely, specific, and include relevant dates, behaviors, and business impact.

Discrimination and retaliation claims are filed every day. Without proper documentation, even well-founded decisions can become significantly more difficult to defend.

If you have questions about your company’s documentation practices or employment policies, contact Christine Malafi for guidance.