If you think an employee has broken a rule, ask her. If she admits she did, that’s reason enough to terminate her. Just make sure you ask the question of every suspected rule-breaker before disciplining them.
Recent case: Monica, who is black, worked as a certified nursing assistant. After responding to a resident’s request for water, she tried to change the resident’s adult diaper. Twice, the resident resisted, but Monica persisted. After she was done, the resident reported the incident.
Monica was asked to provide a statement about what happened. She admitted that she struggled with the resident but finally changed the diaper despite her demand to be left alone. The facility then fired her.
She sued, alleging race discrimination. The case was tossed out when the statement was admitted into evidence. (Franklin v. Sunbridge, No. 1:12-CV-329, MD NC, 2013)
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