||Oracle Tips by Burleson
IT Managers to Avoid Personal Liability
IT managers may be held personally liable for the
following reasons as the result of firing of an employee:
Invasion of privacy by making private
information available publicly such as the reason for termination or
Negligence for knowing of a situation and not
addressing it, or not knowing of a situation when he or she should
Defamation for providing information that is
injurious to an employee, to include slander and libel.
Inflicting emotional stress on employees.
Requesting an employee to perform an unlawful
Managers in the IT organization must be
knowledgeable of company policies regarding discrimination
and wrongful discharge, familiar with Federal and State employment
laws, committed to such policies and statutes, and grounded in moral
values. Yearly refresher courses will help to keep the key
policy concepts and principles in the forefront of management thought
Additionally, managers without moral values will be
inclined to either purposely or inadvertently violate discrimination
laws throughout the process of disciplining and firing personnel. It
is incumbent upon employers to instill in their managers the values of
respect for individuals and diversity, integrity, trust, and
credibility. Screening managers appropriately in the first place based
on these values when they are hired or promoted will reduce the
difficulties for the employer in the future, financial costs over
time, and the number of lawsuits filed.
Some States require
employers to indemnify a manager that is sued by another employee for
all expenses incurred pursuant to his or her duties on the job, even
if the manager directed the employee to perform an unlawful act. The
funds expended in the manager’s defense of a personal lawsuit for
wrongful discharge are covered by this compensatory provision.
The above book excerpt is from:
Firing Computer Professionals
manager Guide for Terminating "With Cause"