Have you ever urged an employee facing discipline to retire instead of being fired? That’s OK—as long as you provide an alternative, such as allowing the employee to defend himself by offering his side of the story.
Recent case: Daniel, a special education coordinator in Northampton County, was accused of harassment when a co-worker claimed Daniel called him “queer.” The school district suspended him, scheduled a disciplinary hearing pending discharge, informed him of the charges and suggested he retire to avoid the publicity.
Daniel put in his retirement notice, got a better-paying job—and sued.
The court tossed out his case. It noted that Daniel could have gone through with the hearing but chose to retire. (Borden v. Bangor Area School District, No. 77 C.D. 2014, Commonwealth Court, 2014)