You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.
Recent case: Bonnie Shinn was terminated for and sued, alleging she had been targeted because she took .
But her employer had a huge file documenting , including interoffice memos and Shinn’s own memos reacting to poor . Those memos helped sink her case because she admitted to doing a less-than-stellar job.
They also shed light on her difficult personality because they included snide remarks addressed to her supervisor about his performance. (Shinn v. Afton Chemical, No. 08-CV-0632, SD IL, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Consider ADA--not just the FMLA--when employee experiences difficult pregnancy
- Remind supervisors: Constructive criticism is expected--not an excuse for employees to sue
- Determine if mental condition actually impairs
- Put disciplinary wiggle room in your handbook