Employers that track poor performance and can clearly justify reasons for discharge rarely lose lawsuits. That’s because, unless there is solid proof of bias, poor performance will always trump spurious arguments about alleged discrimination.
Employers that have well-documented business reasons for every discharge typically win lawsuits that allege discrimination. Good records force employees to prove that an allegedly legitimate reason for firing was a pretext for covering up discrimination.
Sometimes, a long-term and apparently successful employee may not adjust well to a new supervisor—especially if that supervisor brings new or different performance expectations about the employee’s job.
If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.
An employee with a prior disciplinary history may deserve more severe punishment for rule-breaking than a co-worker with a clean record. However, you must document that history and the role it played in your decision-making.
Change in the workplace is inevitable. So is the bickering and resistance when the change means new and different duties for employees. Here is how to handle the team’s resistance to more or different work.
It’s not unusual for a disappointed employee to immediately allege some form of discrimination or bring up past discrimination complaints and claim the poor review was retaliation. Smart employers know how to protect against this sort of lawsuit.