Far too often, careless employers lose lawsuits they should have won, especially when it comes to.
Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age. One way to do that is to point out that other employees who don’t belong to the same class were treated more favorably for violating the same rule.
Employers that don’t at least internally document differences in discipline will lose those cases, while smart employers—like the one in this case—will win.
Recent case: Theodoric Oliver, who is black, allegedly left the floor without permission during the middle of a shift at National Beef Packing. About 10 minutes later, he called the plant manager to complain about his supervisors.
The company then fired Oliver for walking off the job.
He sued, alleging race discrimination. In court, he pointed out that another employee (who is not black) had also walked off the job but wasn’t fired.
The company explained to the court that it had treated the two employees differently for very good reasons—and had documented those reasons long before Oliver filed his lawsuit. While Oliver walked off for no obvious legitimate reason, his co-worker did so to avoid a fight with a co-worker who had confronted him.
The court tossed out Oliver’s claim, pointing out that he couldn’t show he was treated less favorably than someone else. (Oliver v. National Beef Packing Company, No. 07-14927, 11th Cir., 2008)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/6960/keep-detailed-records-on-disciplinary-process "
- Employee may be gone, but e-mails requesting ADA accommodations must live on
- EEOC drives a stake into heart of age-Based retirement policies
- Pair of cases shows how you can legally use arbitration, but standards are high
- Check the context: Are those words harassment?
- Make sure your investigations are thorough