When people lose their jobs, they often look for some reason other than their own
Sometimes, those slights trigger the idea that their were related to some illegal motive, such as disability discrimination. The next stop is often an attorney’s office.
Preventing those lawsuits requires two steps. First, make sure you base termination decisions on substantive problems such as poor performance or economic reasons, such as profit pressures.
Second, make sure all managers, supervisors and employees understand that the workplace is not the place for joking about disabilities or other protected characteristics.
Recent case: Alex Cordero, who is morbidly obese, endured what he described as harassment by his supervisor because of his weight.
When he was terminated for poor performance, he sued, alleging he had really been fired because of his disability. He tried to tie the supervisor’s comments to the discharge.
Fortunately for the employer, it had solid documentation showing it had fired Cordero because he consistently missed deadlines and did substandard work.
The court dismissed the case, saying Cordero couldn’t show that his weight was linked to his discharge. Plus, he never complained to anyone about disability discrimination and therefore never gave the employer a chance to fix the problem. (Cordero v. State of Florida, No. 08-11213, 11th Cir., 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Quit over offensive graffiti? He can get unemployment
- Investigate all allegations of harassment, even those made by poor performers
- Equal enforcement keeps juries from wondering about bias
- Managing employee privacy: 6 steps to protect employer rights