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Document and retain evidence that led to firing

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in Discrimination and Harassment,Firing,Human Resources

You never know which terminated employee will sue—or how long he might wait to do so. That’s why it’s important to document everything leading up to the termination. Then make it your policy to retain firing-related documents indefinitely.

Recent case: Janitor Ralph McCullough got into an argument over his performance. At a meeting with several other employees of the Trenton school system, he allegedly said that all the stress might make him violent.

The school system promptly fired him and took statements from everyone who heard McCullough’s outbursts.

Seven years later, he filed a discrimination lawsuit.

The court quickly dismissed McCullough’s case after the school system produced solid evidence—the co-worker statements—that he had been fired for making threats. (McCullough v. Trenton Board of Education, No. 07-5341, DC NJ, 2010)

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