Virginia Schurmeier, an operations analyst for a food wholesale company, was fired for alleged. She sued, claiming the real reason was sex discrimination.
Her proof: A male co-worker who had worsethan she had—plus he had been written up for the same mistakes by the same supervisor that wrote up Schurmeier—wasn’t fired. She told the court that male bosses generally ignored women while catering to men by sharing cigars and scotch. That was enough for the court to order a jury trial. (Schurmeier v. Nash Finch Company, No. 06-3860, DC MN, 2007)
Advice: Nothing will send a discrimination case to trial faster than obvious unequal treatment. Have someone in HR do a complete review before the company terminates an employee for poor performance. If you spot possible unequal treatment, consult an attorney before following through on the discharge.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Personal liability for wage claims
- Medication affecting performance: What to do?
- Make a snappy comeback
- Terminating without giving a specific reason? Document rationale for the record, regardless