Employees who are fired have little to lose and everything to gain by filing a discrimination lawsuit.
That’s why you should be prepared to show exactly why you terminated an employee and how the punishment fit the crime—especially if others kept their jobs after similar violations.
Recent case: Doyle Martin, a 63-year-old white man, was fired from his retail job when his receipts were short by more than $400. An investigator learned Martin had discarded sales records, making it impossible to determine what happened.
Martin sued for age, race and sex discrimination, alleging others outside his class hadn’t been fired for shortages.
But the employer said Martin was fired for tossing the paperwork. That distinguished Martin from the others. (Martin v. Waring Investments, No. 08-60559, 5th Cir., 2009)
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