• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Firing a troublemaker? Focus on concrete business reasons

by on
in Discrimination and Harassment,Employment Law,Firing,Human Resources

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate-business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform.

As the following case shows, courts are reluctant to second-guess employers when those employers come forward with a clear, concise and legitimate reason for that decision.

Recent case: James Ward, a black male, was hired as an associate professor and coordinator of a Masters in Public Administration program at Midwestern State University (MSU), on a one-year employment contract.

Soon after, MSU observed disturbing behavior by the professor. Ward shouted at other faculty members and criticized them during faculty meetings. He then missed many of the faculty meetings himself.

MSU concluded that Ward was unsuited for the position and didn’t renew his contract.

Ward sued, alleging race discrimination. The 5th Circuit sided with the school and upheld its contract nonrenewal because the decision was based on legitimate expectations that Ward did not meet. Without more direct evidence of race discrimination, the court wasn’t willing to second-guess what appeared to be a rational business decision. (Ward v. Midwestern State University, No. 05-10800, 5th Cir., 2007)  

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/2522/firing-a-troublemaker-focus-on-concrete-business-reasons "

Leave a Comment