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Among key lessons from recent adverse action cases, an employment lawyer says it is critical for HR to document any decision-making process and be conscious of the timing around those decisions.
"You want to have good documents which support your decision, but be sure that the documents are consistent with discussions that are occurring or what is actually happening in practice," Henry William Lawyers senior associate Renee Kasbarian told a recent HR Daily Premium webcast.
"Looking at those timing issues as well, be conscious of timing around people exercising a workplace right or other issues – say, taking leave – and then any decisions subsequently made..."
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