Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.
If a lawsuit is filed, you will be ordered to turn over that information, so you might as well review it now.
Recent case: Ronna Corriveau was fired from her job as a Starbucks manager and sued, alleging pregnancy and sex discrimination.
Starbucks said it fired her for and provided specific examples. Corriveau’s attorneys asked the court to order Starbucks to turn over information on all discipline involving other Starbucks managers in the region. The court approved the request. (Corriveau v. Starbucks, No. 08-61794, SD FL, 2009)
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- Beware cryptic notes in your HR files--they could be used against you in a later lawsuit
- Stop 'who said what' lawsuits: Draft policy disavowing oral pay agreements