606: Employee Accountability and the “Cat's Paw”: Minimizing Your Organization’s Liability for Disciplinary Actions
Set and communicate performance standards, and implement a system to document business reasons that support employment decisions.
As the U.S. Supreme Court’s decision in Staub v. Proctor Hospital highlights, if HR acts as the “cat’s paw” when management makes an unfair decision about an employee, the organization always pay the price. Protect your organization by communicating performance standards and enforcing review processes that ensure decisions are based on legitimate and documented business needs.
Jennifer Brown Shaw, Esq., provides regular advice and counsel on workplace issues to various private and public sector employers throughout the country. Named by Northern California Super Lawyers magazine as a top attorney in California for 2009, 2010 and 2011, Jennifer is a frequent speaker on employment law topics, and has been a guest on CNN and local television and radio. Jennifer graduated magna cum laude from the University of San Francisco School of Law, where she was the editor-in-chief of the law review. Before founding Shaw Valenza LLP in 2006, Jennifer was a partner at Jackson Lewis LLP.
