When it comes to bringing legal claims, employees feel emboldened when they can paint you into a “my word against yours” corner. But they don’t feel as comfortable—and likely won’t bring a lawsuit—when they’re facing a case of their word against two representatives from.
That’s why it’s best to make sure you have at least two people from the executive or management team—including one from HR—to sit in on any termination meeting.
Recent case: Kathryn Quinn took frequentfrom her job when a back condition flared up. In one case, supervisors questioned her medical excuse. When Quinn returned from leave, she was called into a meeting with two managers. She was told she was being fired for falsifying a medical note.
Then one of the managers left the room. Quinn alleges that the remaining manager told Quinn the termination “really wasn’t [because of] the doctor’s note. It was the.”
Quinn sued. The court sent her case to a jury based on the alleged statement. The jury will have to decide who is telling the truth. (Quinn v. Mercy Fitzgerald Hospital, No. 09-4327, ED PA, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Rule against document removal supports legit business need
- Your 2016 annual report: Link every HR initiative to financial impact
- How to wind up in court: Suggest 'a man would be better'
- How can employers get waivers of claims from terminated employees?