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OK to add more reasons for termination, as long as they’re consistent with first rationale

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in Discrimination and Harassment,Firing,Human Resources

Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge, arguing that the employer provided inconsistent or shifting reasons.

Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired. In fact, Title VII doesn’t require employers to provide the employee being fired with any reason for the discharge at the time he is let go.

Plus, if an explanation is provided, there’s nothing preventing the employer from expanding that explanation later during the litigation process, as long as the expanded rationale is consistent with the original explanation.

Recent case: Aaron worked as an account executive for a company that makes packaging and displays for retail merchants. Aaron got mediocre reviews, with an overall rating of 3 out of a possible 5, and lower scores on some factors. He was told he did not communicate...(register to read more)

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