Be careful before firing someone for violating email policies that prohibit forwarding company documents to a personal email account. If the forwarded documents support an EEOC or other discrimination complaint, and if the forwarding isn’t “disruptive,” firing the employee could trigger a retaliation claim.
Recent case: George, who is black, worked for Merrill Lynch. He was one of several employees who filed an internal complaint against a supervisor they alleged made “derogatory remarks about age, race and ethnicity.” An investigation concluded that the complaints couldn’t be verified, but Merrill Lynch removed the supervisor anyway.
George didn’t like his next boss, either. He complained that this supervisor had the “old mindset” of seating “the Negro at the back of the bus if he gets out of line.” He didn’t offer specifics.
Other workers began criticizing George for being “unprofessional,” “provoking” and “personally insu...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Demand immediate stop to demeaning language
- Let 'em know: Post all promotion opportunities
- Time for a snap inspection: Make sure bulletin boards don't show signs of bias
- Boss seems to be seeking young 'dream team'? Be alert for possible age discrimination