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Before you fire, consider records you will need if sued

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in Firing,Human Resources

Whenever you fire someone, consider that he or she might sue you. Be prepared to show that the employee’s punishment was comparable to that of other employees who broke the same rule. Keep those records handy.

Recent case: Antonio was fired for transferring funds between bank accounts using a process that didn’t require the customer’s signature, but merely filling out a form.

He sued, claiming others had done the same thing without being fired. His lawyers demanded the bank provide the forms for all similar transactions so they could determine if Antonio had been singled out because of his national origin.

The court said the bank had to find at least a representative sample of forms, a formidable and expensive task. (Amador v. U.S. Bank, No. 16-CV-600, DC MN, 2017)

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