Some employees seem to have no problem picking fights and engaging in arguments with co-workers, customers and supervisors. You don’t have to put up with it.
Generally, courts are hesitant to second-guess an employer’s decision to fire a disruptive worker unless there is a compelling reason.
Recent case: Antonio was fired from his job with the U.S. Postal Service. He sued, arguing that he was canned for being a man and because of his national origin.
The post office said it fired him because co-workers and his supervisor said he was disagreeable and frequently turned minor workplace disagreements into all-out arguments.
Antonio countered that he never argued—but also didn’t deny that any of the incidents occurred. The court deferred to the post office version of events and dumped the case. (Mercado v. Donahoe, No. 11-2972, 3rd Cir., 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Court rules on early FMLA protection: Never fire for requesting leave in advance
- Beyond business need, show why individuals got sacked
- Audit demographics to spot problems before anyone sues
- What's a bad firing cost? For one company, $4 billion