Considering after-the-fact paper trail to justify firing? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Considering after-the-fact paper trail to justify firing?

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in Discrimination and Harassment,Human Resources

Move cautiously when dealing with an employee who complains about harassment and discrimination—especially if the complaint involves a supervisor who now wants to terminate him.

Unless you have a pre-existing paper trail showing poor performance before the complaint, going back to create one is dangerous.

Recent case: Contonius, who is black, was a truck driver who hauled asphalt. He was fired for allegedly refusing to work about four weeks after he complained about racial harassment. He complained to the EEOC, which concluded his case was good enough to take to court on his behalf.

In sworn testimony, Contonius said that from the time he was hired until he was fired a year later, he heard daily racist taunts. He said managers and co-workers alike frequently used the “N” word, in addition to terms like “lawn jockey,” “coon” and “tar baby” when referring to blacks. Others referred to the president as “Obammy.” A manager alleg...(register to read more)

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