Employees who have been terminated often claim they suffered some form of discrimination or harassment.
That’s one good reason to tell managers and supervisors they need to keep each and every piece of paper, phone message and e-mail that led up to the firing. If none of that communication mentioned discrimination or harassment, the court probably won’t believe it actually happened. Plus, if you can prove you knew nothing about the allegations, you also won’t be liable for any sort of retaliation.
Recent case: Laura Bozek worked as a dental hygiene instructor and allegedly complained about gossiping and foul language. When she was fired, she sued for discrimination.
Her supervisors told the court they had never heard about her complaints until she sued—and they had notes to back them up. The court tossed out Bozek’s case. (Bozek v. Corinthian Colleges, No. 07-C-4303, ND IL, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
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- Can I fire an employee who will miss work because he has been subpoenaed?
- When making layoff decisions, focus on worker performance, cite business necessity
- 4th Circuit: You don't have to hire applicant who sued former employer for FLSA violations