Nail down documentation before firing harassment complainant

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in Employment Law,Firing,HR Management,Human Resources

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)

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