If you terminate subpar workers, it goes without saying that you must be prepared to show they were, in fact, poor performers. Do so by using objective performance measures. Let the facts and figures speak for themselves.
Recent case: Elaine Stites and two other former employees of a company that services postal equipment sued over alleged reverse discrimination. They claimed that white employees like themselves were fired during the economic downturn, while Asian employees kept their jobs.
The company explained to the court that it terminated the workers because of, determining who fit into that category by measuring their work output. Essentially, the company tracked how many pieces of equipment each employee serviced during a shift.
The court dismissed the case, agreeing that performance was the reason the women lost their jobs. (Stites, et al., v. Alan Ritchey, No. 11-1275, 3rd Cir., 2012)