Don’t fret needlessly that every decision you make is the absolute correct one. What really counts is that you acted fairly and honestly. Good faith is all that is required, as the following case shows.
Recent case: Gary Arey, who is white, was the prosecutor in charge of the Juvenile Division in the Dallas County District Attorney’s Office for almost 33 years. When a black district attorney was elected, Arey lost his job and was replaced with a black attorney. He sued for race discrimination.
The new district attorney explained to the court that his transition team found problems with Arey’s.
The court didn’t buy Arey’s argument that the transition team overlooked his good qualities. What mattered was that the new district attorney believed his transition team’s assessment and acted in good faith based on that belief. (Arey v. Watkins, No. 09-10999, 5th Cir., 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Make sure supervisors can back up their promotion decisions
- When employee complains about discrimination, be alert for signs bosses are retaliating
- CEO seeks natty dressers, big talkers
- EPLI coverage: Shopping for lawsuit security