Sometimes, it pays to be thorough. Example: an employee who simply won’t follow instructions and is the source of constant trouble. If you decide to terminate him, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.
Recent case: A company fired Mieczyslaw Bronakowski, who is of Polish ancestry, from his job as a school bus driver for “his numerous traffic violations, numerous complaints received about his driving and behavior and his refusal to comply” with a work-improvement plan.
He sued, alleging anti-Polish bias.
The court tossed out the case, reasoning that Bronakowski couldn’t show that the long list was a pretext for discrimination. (Bronakowski v. Boulder Valley School District, No. 08-1096, 10th Cir., 2008)
- Keep resignation letter, exit interview notes—just in case
- You can be sued for what you say during an investigation
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- Beware refusing to rehire new mom; it could be sex discrimination under Ohio law
- Warn supervisors: It's not your job to question why employees take FMLA leave