08/17/2026
A written policy won’t protect you if managers don’t follow it.
In a recent court decision involving U.S. Bank two employees alleged they were terminated in retaliation after an ethics complaint. U.S. Bank maintained that the terminations were part of a reduction in force.
But there was a problem.
The evidence raised questions about whether the company’s own RIF procedures were actually followed.
Now, while the court did not find that U.S. Bank retaliated, it found there were enough factual disputes for a jury to decide that question.
And that distinction is what is important here.
So is the reminder for employers: Your process is part of your defense.
If you have procedures for terminations, investigations, discipline, or reductions in force, your managers need to follow them consistently and HR needs to document that they did.
Because when your written process says one thing and your actual practices show another, you may have just created evidence for the other side.
**HR leaders: Do you audit whether your managers actually follow your written procedures?
Source: *Pannek v. U.S. Bank National Association*, No. 25-3706, 2026 WL 2277080 (6th Cir. Aug. 7, 2026).