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Michigan Litigation Law | How to Internally Review Termination Process

Michigan Employment Litigation Lawyer Suggests And Explains to Employers How and Why to Conduct Self-Evaluation to Avoid Litigation.

What is Employer Self Evaluation?

  • The purpose of the self-assessment is to investigate the appropriateness of the employer’s processes, not to spawn new disputes.

  • The information obtained should be used to formulate written policies and procedures that can be applied consistently in future terminations.

How to Conduct Self Evaluation?

  • The internal self-assessment should be thorough and discreet.
  • To the extent possible, only supervisory personnel should be used for information gathering (documents, data, statistics, and witness statements).
  • Under some circumstances, it may become necessary to interview other employees, but this should be avoided if possible.
  • In cases of for-cause discharges, the self-assessment should focus on abuse of management discretion and include a meticulous critique of the fairness and reasonableness of the termination under the particular circumstances.
  • A glaring indicator of abuse is evidence that the termination simply indulged an individual supervisor’s whim; putting into effect a single supervisor’s will is rarely a proper exercise of discretion.

What if Self Evaluation Exposes Flaw in Handling of Specific Case?

  • If the self-evaluation discloses a fatal flaw in the handling of the specific case under review, the employer should formulate optional “make whole” remedies and initiate immediate settlement discussions with the former employee.

  • Some cases will warrant an immediate unconditional offer of reinstatement to minimize damages and force employee participation in settlement discussions.

  • The employer should not overlook the possible need to take corrective or disciplinary action against supervisors and others who have violated existing policies and procedures or federal or state laws.