• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Make sure post-firing documentation doesn’t pile on extra reasons for termination

by on
in Discrimination and Harassment,Firing,Human Resources

Remember this the next time you have to terminate an employee: If you plan to prepare a post-discharge summary, don’t succumb to the temptation to add new reasons to justify the firing. Post-discharge memos should simply describe the decision and how you carried it out, not look like an attempt to justify a decision made earlier.

Note: If you later discover additional reasons for firing the employee, go ahead and record them. But carefully note the circumstances and the date when you added the additional rationale.

Recent case: Richard Kremp worked for Wachovia Bank until he was fired at age 47. He sued, alleging age discrimination. At the time he was terminated, Wachovia told him he was being fired for refusing to cooperate with an investigation into alleged mishandling of accounts.

As the suit proceeded, an internal memo surfaced that had been written by a supervisor several hours after Kremp was fired. It gave details on the reasons for the termination, including specific findings about the investigation that indicated Kremp may have manipulated some accounts to show he was more productive than he really was.

Kremp said the memo was proof the bank had manufactured additional reasons to cover up the real reason—age discrimination.

The court disagreed. It said the memo merely provided details on the discharge decision and didn’t add new reasons. The case was dismissed. (Kremp v. Wachovia Bank, No. 09-2847, DC NJ, 2010)

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/12807/make-sure-post-firing-documentation-doesnt-pile-on-extra-reasons-for-termination "

Leave a Comment