November 27, 2021

Volume XI, Number 331

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November 24, 2021

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#Human Resources Tip – Save Those Voicemails

Probably every Human Resources Manager has received a voicemail from an employee advising them he is “quitting.” Sometimes the employee even “thanks” the HR Manager and/or the company for the “opportunity,” and does not say anything negative about his employment experience.

I strongly recommend saving such voicemails from any employee the company suspects is a “litigation risk” (in their original audio format) for at least a year, and preferably two.

Why save them? Employees often conveniently change their “stories” or recollections after quitting. Such voicemails present compelling evidence to defeat an employee’s later claim that he was “fired” or “forced to quit” (aka “constructive discharge”). They are particularly useful in knocking down unemployment compensation claims and previously unreported claims of harassment. The employee is left to “explain away” his own statements, and will not appear credible in doing so.

Why save them that long? Under most federal and state laws, claims for discrimination, harassment and retaliation generally have to be asserted within 300 days of the alleged adverse employment action. Retaining the voicemail for at least a year will ensure you have it available if a claim is filed. Keeping them two years is preferable because claims under the Federal Family and Medical Leave Act (FMLA) and the Federal Fair Labor Standards Act (FLSA) can be asserted 2 (or even 3) years later.

Bottom line: don’t hit the “delete” button, and you may “save” your case!

©2021 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume III, Number 42
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About this Author

Mitchell Quick, Michael Best Law Firm, Labor and Employment Attorney
Partner

Mitch serves as a trusted advisor to businesses on all aspects of management labor and employment law. Clients value his deep knowledge of employment and labor laws, with an emphasis on wage and hour law. Clients regularly seek his counsel regarding compliance with the many and continually changing labor and employment laws, as well as to address challenging or risky personnel situations.

Mitch has represented businesses across a range of industries, including: 

  • Large and small manufacturers

  • ...
414-225-2755
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