Here’s an important reminder whengets nervous about terminating a so-called whistle-blower. Solid, legitimate reasons for discipline take precedence over protections to which whistle-blowers are entitled.
Simply put, if you can show that the employee is a poor performer whom you would have fired regardless of her whistle-blowing, firing her doesn’t automatically mean you will lose a lawsuit.
Recent case: Jenna, who had some paralegal training, worked in HR as an assistant. The HR office had staff of two: Jenna and her boss. Senior executives had an outside attorney on retainer to handle unusual HR legal matters.
When Jenna’s employer was seeking advanced certification as a model telemarketing company, it had to undergo a compliance review. It became apparent during the review that HR wasn’t being properly run. The company ordered Jenna to spend almost all her time organizing personnel files and generally making...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Back up consistent discipline system with documentation, review of high-stakes cases
- Offer training to those who aren't promoted
- Sometimes it's best to settle drawn-out cases
- State Laws On Final Pay: What And When To Pay Terminating Employees