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Best Practices: Early advice on employee termination could save money

Employment lawsuits may not happen often but, when they do, they cost a lot in time and money. An employer's best defense is to lay the proper groundwork. Careful steps from the start can save you years of litigation and thousands of dollars in attorney fees. 

To guide employers through tough legal issues before they get out of control, PACE offers its members up to $1,000 in free legal counsel before a claim is filed. PACE attorneys will guide you through termination, misconduct, retaliation and other employment issues, and offer a free review of contracts before they are signed. Call them before you terminate an employee or if you need help with a non-renewal.

10 tips to avoid employment claims

As a board member, your role is not to micromanage hiring and firing but rather to understand and support appropriate employment policies. You do not want to know the specifics of individual situations so you can remain unbiased if an appeal or grievance comes to the board. But you can ask your administrator for an annual report on hiring, training and evaluation procedures. 

Experienced PACE attorneys offer these top 10 tips for avoiding employment claims:

1. Hire the right person. Don't hire just to fill a position. Hire substitutes or interim candidates until you find a permanent replacement. 
2. Conduct thorough background checks on all potential employees. Check the Teacher Standards and Practices Commission Web site at www.oregon.gov/TSPC to see if complaints have been filed.
3. Train your human resources specialists in proper interview and investigation techniques. 
4. When calling references, ask, "Would you hire this person again?" 
5. Train staff in policies to avoid discrimination and harassment and to resolve conflicts.
6. Don't skip details or miss deadlines. Use OSBA resources to update yourself on the Oregon Family Leave Act, federal Family Medical Leave Act and other relevant laws.
7. Follow the same standards in hiring and evaluating administrators as you expect them to follow with their staff.
8. Remember that your notes are considered public records.
9. Understand that union contracts often govern discipline issues. Know the difference between "just cause" and due process. 
10. Slow down. While quick action may seem justified, it is important to build documentation and follow procedure. Create and follow a plan of assistance, if appropriate, to give an employee every possible opportunity to succeed. Follow policies, employee manuals and collective bargaining agreements. Make performance reviews consistent and standardized. 

Let PACE help

Don't wait until a bad situation gets worse. Use your $1,000 in free legal advice before a claim is filed to avoid trouble down the road. For more information, contact Lisa Freiley, OSBA Legal, Labor & Employment Services Associate Executive Director.