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Anticipate lawsuit by offering second chance, fresh supervisor to struggling employee

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If a marginal employee is having a hard time getting along with his boss, think about giving him a second chance with a new supervisor. It may help—and it won’t hurt if you still end up firing the employee.

Ordinarily, clashing with one’s boss is grounds for discharge as long as the supervisor isn’t targeting the employee for discriminatory reasons. But the employee could still sue, alleging that the supervisor harbored discriminatory motives and that was the reason they didn’t get along.

However, if you transfer him and he still can’t work well in the new environment, chances are the blame doesn’t lie with the supervisors.

The same holds true for other second chances, such as extended probationary periods. By giving the employee the benefit of every doubt, a judge or jury will be less likely to believe the employee’s account that you discriminated and more likely to see you as an employer that did everything possible for th...(register to read more)

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