The recession has put the brakes on pay raises in many workplaces. But too many employers have halted at the same time. That’s a major mistake.
Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons. Without written and predisciplinary evidence, it doesn’t matter what reason you offer. The termination will probably look so suspicious that a judge won’t hesitate to keep the case alive.
Recent case: Minor league umpire Clark Davis, 52, sued for age discrimination, alleging that he was fired because of his age. Davis claimed the league director told him “we’re going to give the younger guys a chance.”
The director argued that he never made that statement. He said Davis was dismissed because he’d played in a Las Vegas poker tournament, which looked bad, and that his performance had deteriorated in recent years.
The league’s problem: It never did , so it couldn’t prove his performance had slipped. Plus, other umpires weren’t disciplined for gambling. All this, the judge concluded, was evidence that the claimed reasons might have been manufactured to cover up a case of age discrimination. A jury will decide. (Davis v. Atlantic League of Professional Baseball Clubs, No. 07-5023, DC NJ, 2009)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9863/no-evaluations-you-could-be-called-out "
- Applicant suing for failure-to-hire? Make sure she really did apply for the job
- Discipline for absences even if employee has disability
- Labor alert! The NLRA can apply to nonunion employers, too
- Age difference of six years or less destroys employee's age-bias claim.
- Executive decision-making: Turn buck-passers into decision makers