Employees who claim they were fired because of some form of discrimination don’t have a very high hurdle to jump to keep their lawsuits going.
They merely have to show that they were a member of a protected class, were discharged, were qualified for the position they lost and were replaced by someone outside their protected class. That’s the so-called prima facie case in a nutshell.
It’s then up to the employer to prove it had a nondiscriminatory reason for the decision. You can do that with good, accurate records.
In age discrimination cases, employees only have to show they were replaced by someone younger, or otherwise discharged because of age. You will have a much easier time showing that you had a legitimate reason unrelated to age for terminating the employee if you can cite specific business reasons to back up each part of your decision-making process.
Recent case: Louatrice Henderson, a black woman who was age 47 at...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Can we ban off-premise, lunch-break sports?
- With arbitration under attack, consider right-to-jury-trial waivers
- Know Minnesota's disability law: State statute has lower threshold than federal ADA
- When can nonsexual bullying equal sexual harassment?