Defamation Claims Against HR Professionals
All too often I hear of the human resources professional being dragged into litigation - either being sued personally, or being abandoned by an employer who, during the heat of litigation, states that the HR professional's actions were not in the scope of their employment or contrary to policy.
This articulate post on the Kentucky Employment Law Notes blog discusses a recent case against a Human Resources Manager in connection with statements made in an employee termination meeting. The plaintiff alleged that the statements made by the Human Resources Manager, in the presence of a witness, were defamatory. The author offers some worthy advice:
"(1) Conduct termination meetings in a closed door environment.
(2) If a witness is to be present at the termination meeting, select a witness with some legitimate, business need to know the reasons for termination and/or to be present at the meeting.
(3) Be able to articulate concrete facts that support the allegations made against the employee.
(4) Be able to articulate the reasonable steps the Company took to investigate the allegations against the employee, and...be able to prove the Company did not conduct a one-sided investigation."
Thanks to our northern neighbor, Michael Fitzgibbon for bringing this to our attention.