You never know which fired employee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge.
The fact is, a legitimate business reason almost always defeats a discrimination claim.
Recent case: Richard worked for FedEx for over two decades. Like other employees, Richard had a discount FedEx account that he could use for personal shipments. However, company rules prohibited using the account for commercial purposes.
When an audit showed that Richard had used his personal account to ship 382 commercial packages promoting a friend’s window-cleaning business, he was fired.
He sued, alleging reverse race discrimination and age bias.
The case was dismissed when Richard couldn’t point to anyone else working in the same facility under the same supervisor who had shipped nearly as many packages in violation of the rules. The court concluded that FedEx had a perfectly legitimate reason to fire Richard. (Carey v. Federal Express, No. 11-3898, 3rd Cir., 2013)
Final note: Want to make sure there aren’t any discrimination cases lurking in your disciplinary files? Conduct an informal audit.
List all disciplinary actions and see if similar conduct resulted in similar discipline. If it did, then there’s practically no chance that you will lose a discrimination case based on allegations that you singled out a member of a protected class for particularly harsh discipline.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/35365/carefully-document-every-rule-violation-to-defend-against-surprise-claims "