Sometimes, you have to take a chance on a job applicant because the candidate pool isn’t filled with as much talent as you would like. Everyone knows picking a marginal candidate can turn out to be a mistake.
If you find you have to terminate such an employee, have the same person who made the hiring decision also make the termination decision. That reduces the chance of a costly discrimination lawsuit because courts assume that employers wouldn’t hire someone they know belongs to a protected class only to turn around and fire that employee because he belongs to the protected class.
Recent case: Ganiyu Jaiyeola claimed he was fired from his job because of race discrimination. But his former employer said he was terminated for and because the company was going through a reduction in force. The company also pointed out that the same manager who had recommended hiring Jaiyeola also recommended firing him.
The 2nd Circuit Court of Appeals said Jaiyeola had no proof that discrimination was involved since presumably the same person who hired him knowing his race wouldn’t then pick him for termination because of his race. (Jaiyeola v. Carrier Corporation, No. 08-CV-3786, 2nd Cir., 2009)
Final note: Make it routine whenever possible that the same person who hires also fires—not just in cases where you suspect there may be a discrimination lawsuit. The more routine your practices, the less likely a court will assume discrimination is at work.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10733/new-employee-not-working-out-have-hiring-manager-handle-the-firing "
- As economic route turns rough, beware these 4 RIF potholes
- Being sole minority employee doesn't mean special protection
- Check settlement agreements for precise ADEA language
- Keep an open mind in investigations; juries will punish 'kangaroo courts'
- Managing today's workforce: Teenagers and sexual harassment