Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. The goal: To show that they were fired because of discrimination.
Your best defense against those lawsuits is to make sure you carefully document all discipline. Before making a final termination decision, consider all the facts—including past discipline. That makes it harder for the terminated employee to argue that another worker hadn’t been disciplined for the same conduct.
Recent case: Nicole, who is black, worked as a registered nurse but had a spotty attendance history. The mother of five children, she attributed her tardiness to child-care problems. Indeed, her late arrivals improved once she found reliable backup child care.
One day, Nicole arriv...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Supreme Court's new term: Arbitration, disparate impact on docket
- Long-Ago acts can show pattern of ongoing harassment
- Set clear job requirements to stop bias claims
- Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack