You may be worrying too much about firing an employee right after she files a discrimination complaint! If you can easily show that you would have fired her regardless of her complaint, a court is unlikely to connect her complaint with your decision. And in Texas, timing alone isn’t enough to prove the firing was retaliation.
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!
The Office of Federal Contract Compliance Programs (OFCCP) has a bigger budget and more staffing this year, and intends to audit federal government contractors or subcontractors that have 50 or more employees and a contract or subcontract of at least $50,000. And the OFCCP can be expected to increase its scrutiny on health care providers that are contractors or subcontractors for the government.
The New Jersey Law Against Discrimination (NJLAD) expresses a clear legislative intent to prohibit discrimination in all aspects of the employment relationship. However, the NJLAD allows employers to refuse to accept for employment or promote anyone over 70 years of age. The law does prohibit firing someone over 70 because of age. This exception was the subject of a recent New Jersey Supreme Court ruling.
When someone gets fired because a co-worker complained about discrimination, other employees may get upset. Frequently, they don’t know the back story and may ostracize the employee who originally complained about discrimination. That’s especially true if the terminated employee was well liked. However, courts generally won’t consider it an adverse employment action if workers give the complaining employee the “silent treatment.”
Courts understand reductions in force and recognize that companies sometimes have to make tough decisions. When an employer can show it had good reasons for cutting employees through a RIF, affected employees will have to come up with solid discrimination evidence early in the litigation game.
If you offer short-term disability (STD) benefits for employees who can’t work because of illness, you probably insist on medical documentation. If the employee doesn’t provide that information within the reasonable timeline your STD plan requires, you can count the absence against the employee and terminate her.