Courts want to know exactly who decided the employee should be terminated, as well as the rationale.
Recent case: Armando was terminated and sued for age discrimination. But unfortunately for the employer, none of his bosses could say exactly who had made the decision that Armando should be terminated. Four different supervisors claimed to have had a hand in it, but there was no consensus. That was enough for the court to send the case to trial. (Gutierrez v. City of Corpus Cristi, No. 2:13-CV-359, ED TX, 2015)
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- Sometimes it's best to settle drawn-out cases
- Never consider insurance costs when terminating