Always make a record of the date you decide to fire an employee.

Does HR or managers at your organization make a note of the date and time of every termination decision? If not, they should.

Here's why: Employees often know when they're about to be terminated. They may be going through a progressive discipline program or are receiving increasing criticism.

Such employees may begin thinking about their options to derail the firing, including litigation. If they file an EEOC discrimination complaint (or even an internal complaint), that opens you up for a potential retaliation lawsuit based on this new "protected" activity.

However, if you clearly made the termination decision before the person filed the complaint, there can be no retaliation. Here's a real-life example:

Recent case: Cheryl, a teacher, knew her performance was being scrutinized, as administrators had complained about her poor record.

The principal scheduled a meeting with her...