The same individual who hired an employee should also fire that employee if necessary. Courts typically reason that no prejudiced person would hire someone and then later fire him because of discrimination, having known all along about the employee’s protected characteristics.
Recent case: Thomas Hansen was the highest-paid employee at a golf course. During the economic downturn, the course terminated him and he sued, alleging age discrimination.
He pointed out that all his duties had been assumed by two younger employees who kept their jobs.
The court dismissed the case after the golf course explained that the same manager who hired Hansen also made the decision to terminate him. The court reasoned that if age wasn’t a factor in Hansen’s hiring, it probably wasn’t in his termination, either. (Hansen v. Crown Golf, No. 10-C-226, ND IL, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Asking worker to stay can counter constructive discharge
- Document business realities, performance criteria that led to job-cutting decisions
- Series of 'minor' incidents <br/> can add up to hostile environment
- Caution: 'Going by the book' may be retaliation