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? Or do you keep the employee, hoping that will keep her from suing?
Because of the specter of a retaliation claim, employers often feel hamstrung and seldom take the action necessary to rid themselves of a problem employee.
Are you being set up?
Consider the possibility that the employee's complaint is a setup.
Indeed, when problem employees see the writing on the wall, they often will complain about bogus incidents of alleged discrimination in an attempt to bulletproof themselves from an adverse action like demotion or termination. Employees believe that t...(register to read more)
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