1. Module 5 Reinforcement Activity Litigation Process
An HR manager gets a voice mail from a supervisor, alerting HR that she has fired an employee who arrived for a shift 30 minutes late after being warned about tardiness. The supervisor fired the employee immediately because he began to use abusive language and threatened the supervisor physically. HR is familiar with the employee because he complained of discriminatory treatment when he received the first written warning about tardiness.
Litigation Process #1
Read the case study and advance to the next slide for feedback
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2. Module 5 Reinforcement Activity Litigation Process
The HR manager ponders his options. Should he:
Go immediately to the work area and gather information from employees there while their memories are fresh?
Hope for the best and see if the employee files a complaint.
Call the organization’s attorney immediately.
Begin searching through disciplinary records in this work area to see if there is merit to the claim.
What would you do? Why?
Litigation Process #1
Read through the options and then comment on the possible issues that must be considered with each option
Advance to the next slide
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3. Module 5 Reinforcement Activity Litigation Process
Go immediately to the work area and gather information from employees there while their memories are fresh?
Notes from these interviews will be subject to discovery if a complaint is filed.
Hope for the best and see if the employee files a complaint.
What is the likelihood of an action, and what are the possible costs of defending the organization and possibly having to provide back pay?
Call the organization’s attorney immediately.
What is the cost of attorney advice compared to costs of being unprepared for litigation?
Begin searching through disciplinary records in this work area to see if there is merit to the claim.
What happens if the manager does uncover evidence of disciplinary inconsistency or supervisor bias during this research process?
Litigation Process #1
Suggested answers shown on slide
Explanation: most organizations will opt for seeking immediate legal advice, since this creates attorney-client privilege and attorney work product. Most information shared with the attorney remains confidential (unless it reveals the commission of an illegal act). Work done at the direction of the attorney, such as interviews and research, is not discoverable.
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4. Module 5 Reinforcement Activity Litigation Process
Is the item subject to a litigation hold request?
Yes No
Outdated employee handbooks
Litigation Process #2
What is a litigation hold request?
Suggested answer: When a complaint has been filed (or the employer can reasonably expect that a complaint will be filed), an employer must ensure that no discoverable, relevant information is destroyed purposefully or accidentally or as the result of routine, scheduled document destruction. Failure to preserve relevant information makes the employer liable to various financial penalties, including fines and the complainant’s legal fees.
Advance through the list of items and determine if each item would be subject to a litigation hold.
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5. Module 5 Reinforcement Activity Litigation Process
Is the item subject to a litigation hold request?
Yes No
Outdated employee handbooks 
Voice messages
Litigation Process #2
Note that it is a good practice to archive handbooks as they are revised and to ensure that copies are clearly dated. This information may relate to employee complaints about unfair discharges or discriminatory treatment.
Advance to the next slide.
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6. Module 5 Reinforcement Activity Litigation Process
Is the item subject to a litigation hold request?
Yes No
Outdated employee handbooks 
Voice messages
Work-related mail on a personal account
Litigation Process #2
Note that implementing a litigation hold will require some technical expertise—in this case, to identify and archive voice messages from voice messaging systems. IT support or vendors may be able to help.
Advance to the next slide
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7. Module 5 Reinforcement Activity Litigation Process
Is the item subject to a litigation hold request?
Yes No
Outdated employee handbooks 
Voice messages
Work-related mail on a personal account
Scratch notes from a meeting
Litigation Process #2
Note that employees should be aware that if they use personal accounts to conduct business, their and maybe even home computers may be subject to a litigation hold.
Advance to the next slide
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8. Module 5 Reinforcement Activity Litigation Process
Is the item subject to a litigation hold request?
Yes No
Outdated employee handbooks 
Voice messages
Work-related mail on a personal account
Scratch notes from a meeting
Outdated Web pages
Litigation Process #2
Note that handwritten documents are also subject to discovery, as are drawings, videos (including work-related videos shot with a personal smart phone), and even stick-on notes.
Advance to the next slide
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9. Module 5 Reinforcement Activity Litigation Process
Is the item subject to a litigation hold request?
Yes No
Outdated employee handbooks 
Voice messages
Work-related mail on a personal account
Scratch notes from a meeting
Outdated Web pages
Litigation Process #2
Note that even outdated Web pages may be considered relevant and must be secured under a litigation hold.
The organization’s attorney can provide clear instructions about HR’s responsibility and the types of records that must be secured.
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10. Module 5 Reinforcement Activity Litigation Process
The organization’s attorney has cleared the HR manager to interview witnesses to the blow up between the supervisor and the employee who has filed the complaint. What qualities should the person or persons chosen for this task possess?
Litigation Process #3
Refocus on the previous scenario and review the next stage in this complaint: conducting interviews.
Describe the qualities an effective interviewer possesses.
Advance to the next slide, where some qualities are listed.
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11. Module 5 Reinforcement Activity Litigation Process
Unassailable impartiality
Objectivity
Excellent questioning skills (able to persuade interviewees to feel comfortable so that they answer freely and fully)
Ability to listen closely and critically (able to use follow-up questions to obtain additional information, resolve inconsistencies in statements, or expose contradictions)
Good note taker
Litigation Process #3
Interviewers can come from within or outside the organization. There are benefits to an interviewer understanding workplace conditions and issues. In some situations, however, an outside person may be the only one employees trust to be impartial.
Whether internal or external to the organization, the interviewer should be impartial and objective and must have excellent listening and questioning skills. In a complaint situation, it is especially important that the interviewer can take full, clear notes of what is being heard and seen in the interview.
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12. Module 5 Reinforcement Activity Collective Bargaining Agreements
Topic
Mandatory
Permissive
Illegal
Overtime
Neutrality agreements
Discharges
Closed shops
Layoff and recall
Transfer
Retiree benefits
Holidays
Collective Bargaining Agreements
Review the topics on the slide & determine if each is considered a mandatory, permissive, or illegal topic.
Advance to the next slide to show feedback.
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13. Module 5 Reinforcement Activity Collective Bargaining Agreements
Topic
Mandatory
Permissive
Illegal
Overtime 
Neutrality agreements
Discharges
Closed shops
Layoff and recall
Transfer
Retiree benefits
Holidays
Collective Bargaining Agreements
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