When an employee tries to challenge his employer’s decision to discharge him based on some form of discrimination, he has to show that the reasons for the firing weren’t legitimate. It’s not good enough to knock down just one of the reasons. He has to show all of them were suspect. That’s why it’s important to document in your files each legitimate discharge reason—at the time you make the decision.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.
Can an employee you never fired sue you for a discriminatory termination? Oddly enough, yes. Under some circumstances, an employee can quit and claim she was “constructively discharged.” To do so, she has to show conditions at work were intolerable. And now a federal court has concluded that cutting someone’s pay can be an intolerable condition.
Especially in a lousy economy, fired employees will look for a reason to sue. You must be able to defend every discharge against possible discrimination and retaliation claims. The only safe approach is to document that you treated every employee equally. You simply can’t cut slack for one employee and not another.
The EEOC has filed suit against Hyundai Ideal Electric in Mansfield for allegedly firing a woman in retaliation for complaining about a pay disparity. Tabitha Wagner, a drafter, complained that she earned less than a similarly situated male drafter with less seniority. In the suit, Wagner claims she complained to HR Manager Jon Shearer on Nov. 11, 2008. Shearer terminated her the next day.
When employees are fired for absenteeism, they may be quick to point to unequal treatment, saying other workers kept their jobs but were absent more often. One way to avoid such claims is to install a point system to punish absenteeism, terminating employees who accumulate too many points.