If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs.
Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen. And that may mean they also assume that the real reason for termination was illegal discrimination.
Recent case: Carol Vaughn was hired to launch a WoodForest Bank branch located inside a Walmart store. Vaughn was the only white employee at the branch and supervised a staff of black tellers.
Vaughn was fired after one of the tellers complained numerous times about her racial attitudes. Vaughn sued, alleging she was really fired because she was white and was allegedly told to pay a black candidate more than a white candidate for the same job.
Vaughn’s manager testified that she had been fired for talking about race in the workplace and for using a racial epithet...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- If employee can't return from FMLA leave, it's not interference to terminate
- Employee or contractor? Degree of control is key factor
- Employee's comment can serve as harassment 'Notice'
- Parenthood: Walk the fine line between accommodation & bias