Having complete records of why you disciplined an employee often gives a court the information it needs to decide whether you’ve discriminated—or even retaliated against someone who has leveled serious charges against you.
Recent case: Ivan Valtchev worked as a teacher for New York City. He complained to the school district that the children he taught, who had disabilities, were not getting the kind of education they were entitled to under the No Child Left Behind Act.
Then, when he got a negative, Valtchev sued, alleging that the review was retaliation for supporting disability rights. The lawsuit also said he had been the victim of discrimination.
Fortunately for the school district, it had plenty of proof that Valtchev was a poor-performing teacher, predating his complaints. The case was dismissed. (Valtchev v. City of New York, et al., No. 09-CV-4145, 2nd Cir., 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- OSHA won't let Illinois whistle-blowers be railroaded
- How far can we go to discipline employees for criticizing us online?
- Employee sued and now she's back at work? Don't walk on eggshells for fear of retaliation
- Oil rig builder will pay $400K in back wages, OT