Sometimes, employees who think they are about to be fired for
Recent case: Julie Kassera, who is over age 40, worked with special-education students. She later claimed that she was being unfairly targeted for special scrutiny because of her age. After her bosses called her into a meeting to discuss performance issues, she quit and sued.
The court said that while Kassera might have subjectively thought she was being treated miserably, an objective and reasonable employee would not have quit because of the way she was treated. The court threw out her case. (Kassera v. Independent School District No. 11, No. 07-CV-2292, DC MN, 2008)
- Track all discipline just in case employee sues
- More than low rating required to win discrimination suit
- Does your organization need insurance against employee lawsuits?
- Don't believe it: Employee facing discipline can't quit and then claim constructive discharge
- Patience, careful documentation pay off when disciplining underperforming employees