Have you faced a situation where you weren’t sure whether an employee had been unfairly treated by a supervisor? When doubts arise, it’s sometimes best to offer the employee a fresh start.
If he succeeds in the new job, everyone wins—he keeps his job and you’ve avoided a lawsuit. But if the old problems resurface and you end up terminating the employee, chances are a court will view the employee as the problem.
Recent case: Michael Carr, a black letter carrier, complained about discrimination from his supervisor. Carr was transferred to a different location with a different supervisor. When he was fired for frequent absences, he sued, alleging retaliation and discrimination.
The court tossed out his case, reasoning that the Postal Service had shown a solid performance problem was the real reason it terminated Carr. (Carr v. Potter, No. 08-C-6030, ND IL, 2010)