You might assume that someone won’t sue if they’ve been accused of sexual harassment by several employees and cited for. You could be wrong.
That’s why you should document every discharge decision as if you expect a lawsuit. That’s your only real defense, because it allows you to quickly show a court you had good reason for what you did.
Recent case: Duane was fired after two new female employees complained that he had asked them about their undergarments and told tales of his sexual exploits. Also, his supervisor observed him sitting at a picnic table when he was supposed to be working. Duane sued, alleging race discrimination.
His case was quickly dismissed when his former employer produced the disciplinary reports and employee complaints. (Miller v. Keystone Blind Association, No. 13-1252, 3rd Cir., 2013)
- Handle soon-to-retire employees with care
- Representing the company at EEOC or MDCR
- Establish clear performance expectations so courts can judge if employee was meeting them
- Ex-employees: Gone but not forgotten Courts' broader definition of 'employee' expands your liability
- Harassment Reporting: Who's Your Weakest Link?