Sometimes, it becomes clear early on that it was a mistake to hire that new employee.
She showed great promise, her résumé was great, her experience was a perfect fit for the job and the interview went well. She showed up for work—and her performance isn’t living up to the promise.
If it doesn’t look as though things will improve, it may make sense to discharge the employee sooner rather than later. If it comes to that, it’s a good idea to let the same manager who recommended hiring the employee also be the one to fire her.
That makes the termination decision much easier to defend if there’s any question about possible discrimination based on obvious protected characteristics such as sex, age, race or national origin.
After all, why would someone who just decided to hire the applicant turn around and fire her for a discriminatory reason?
Note: Be sure to apply this practice across the board.
Recent case: Esther Coleman, who is black, was hired as the director of personnel services by a school district. Although the school board officially offered her the position, it did so on the strong recommendation of the man who would be her supervisor. He also is black.
Coleman immediately ran into trouble. First, her new boss told her that he expected her to work beyond the regular workday during the busy hiring season. Next, he sent her a series of e-mails complaining that she wasn’t performing to his expectations.
That’s when Coleman began complaining that she wasn’t getting enough respect. Coleman also complained that the district, in her view, wasn’t hiring enough black applicants.
Coleman’s supervisor then recommended she be terminated, and the board approved that recommendation.
Coleman sued, alleging race discrimination. The court dismissed her claim, pointing out that the same person who recommended she be hired also recommended her dismissal. It said, “It hardly makes sense to hire workers from a group one dislikes ... only to fire them once they are on the job.” (Coleman v. Loudoun County School Board, No. 08-1312, 4th Cir., 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Age comments plus termination equal trouble
- EEOC sets stage for Title VII protection of transgender workers
- Worker Doesn't Have to Say 'Harassment' to Make Complaint
- 9th Circuit will rehear massive Wal-Mart class-action sex discrimination case