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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Gov't employers must offer pre-termination hearing
- Prepare to make clear-cut case before firing public employee working on contract
- Dirty Dozen: 12 manager mistakes that spark lawsuits
- Is 'he who hired also fired' a good defense against discrimination charges?