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Employer’s lack of documentation undermines discrimination defense

October 2023 employment law letter
Authors: 
Connor H. Fields, Jones Walker LLP

Documentary evidence is a critical part of any legal proceeding. Relaxed standards in creating and maintaining documentary evidence that demonstrates an employee’s deficient performance increases an employer’s risk in any litigation arising from the employee’s termination. This situation played out recently in a decision by the U.S. District Court for the Western District of Louisiana.

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