Use your solid records to counter employee’s claim of discriminatory treatment — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Use your solid records to counter employee’s claim of discriminatory treatment

Get PDF file

by on
in Human Resources

The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems. Employer records can disprove both contentions.

Recent case: Jeffrey Kretchmer was a lingerie salesperson. Then his company realigned its sales territories and decided it needed a better salesperson. It fired Kretchmer, telling him he hadn’t covered his territory well enough to make adequate sales.

Kretchmer sued for discrimination based on age and religion.

He told the court he had in fact been all over his sales territory, and offered as evidence his travel budget—the biggest in the company and one he dutifully spent down to the last penny.

The company countered with detailed expense records showing that most of the travel was between Kretchmer’s home and the showroom, and that he seldom went out on sales calls. The court dismissed the case, reasoning that Kretchmer hadn’t proven that the reason the company gave was false or a pretext for discrimination. (Kretchmer v. Eveden, No. 3:07-CV-1068, ND TX, 2009)

Final note:
Have solid records to back up every discharge. They help courts believe you had good business reasons for your decisions.

Leave a Comment

Previous post:

Next post: