Sometimes, employers have to fire employees—even those who have recently filed successful discrimination complaints. Don’t be afraid to do so.
You can beat a bogus retaliation claim by making sure you have good, solid documentation to substantiate the firing.
Recent case: Dale Stingley complained that her supervisor sexually harassed her. HR began to investigate and the supervisor quit. Then Stingley said one of the former supervisor’s friends was harassing her. The friend also quit after the company began investigating.
When Stingley was terminated, she sued for retaliation.
But the company presented clear documentation showing it had terminated Stingley because the company had lost a valuable contract and had to cut staff. The court tossed out her case. (Stingley v. Den-Mar, et al., No. 08-11060, ND TX, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- RIF might affect employees serving in military? Don't hold missed training against them
- Set salaries with help from most reputable web sites
- Jailhouse sex, alleged pay-back lead to lawsuit in Caldwell
- Suspect employee is scamming FMLA leave? Investigate--and discipline if it's true