Unless an employee has ahistory, don’t fire him a few days after he reports harassment.
Recent case: Howard Harris worked for a construction firm at various locations under different supervisors. He had no disciplinary or.
Then he claimed that one foreman sexually harassed him, suggesting the two have sex. Harris complained. Following an investigation, the foreman admitted discussing sex, but denied trying to seduce Harris.
But he also toldthat Harris was a poor performer. Other supervisors agreed. On the day that the company announced there had been no harassment, it fired Harris for poor performance.
He sued and the court said the case should go to trial based on the sudden “discovery” of performance problems after the harassment complaint. (Harris v. Railroad Construction, No. 09-1206, DC NJ, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Make it easy to complain about harassment, bias
- Textile rental firm settles sex discrimination charges
- Feel free to authenticate suspicious documents
- When firing, choose words carefully, stick to performance