Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.
Recent case: Charles Ihenacho worked for Green Tokai and needed surgery for a nonjob-related condition. Plus he had hurt his side at work. He gotand planned to return as soon as his doctor cleared him for work.
Green Tokai’s policy called for terminating employees who missed more than 10 days. After Ihenacho was cleared for work, he continued to miss days. On the 11th day, he was fired.
He sued for retaliation, and claimed he was present that day. The court said a jury should decide the truth—and whether retaliation occurred. (Ihenacho v. Green Tokai, No. 3:08-CV-390, SD OH, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't worry about retaliation charge if all you did was ask worker to fill in
- Résumé-Screening software: legal risks and precautions
- Bias charges false? Discipline isn't retaliation
- The HR Checklist: How would your practices stand up in court?