What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
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Employers usually don’t have a problem terminating an employee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the employee and face a potential retaliation suit?
Occasionally, you’ll run across an employee who has a hard time performing up to expectations and won’t accept suggestions to improve. If he belongs to a protected class, you may worry about a lawsuit if you terminate him. That shouldn’t be a problem if you take the time to document problems before termination.
Employees who need time off for childbirth but who aren’t eligible for FMLA leave aren’t entitled to additional protection under Ohio law. You can terminate the employee if your leave policies don’t provide another way to take time off. But if the former employee is ready to return after childbirth, beware rejecting her if she tries to reapply for an open position.
The EEOC has filed suit against Medical Specialties Inc., alleging it discriminated against Evelyn Lockhart because of her religion. She is a member of a Christian denomination whose practitioners are forbidden to work on certain days.