What To Ask Yourself To Avoid EEOC
When About To Terminate An Employee
Stanley
P. Santire, JD
- Has the employee
recently complained about illegal activity in the company; i.e.
potential whistle-blower claim?
- Has reason for
this termination been used to terminate employees in the past?
- Have others
committed the same offense and not been fired?
- Who will replace
the employee? If someone not in this protected class, could be evidence
that employee's protected status reason for the termination.
- How long has the
employee worked for you? The longer the employment, the more risk in
terminating him.
- Does documentation
in the personnel file support the termination? If not, you may want to
use progressive discipline.
- Is the employee a
member of a legally protected class, e.g., females, racial and
ethnic minorities, people over 40 years of age, or pregnant or disabled
employees?
- Was the employee
given a letter or were statements made at the time of hiring that
implies a contract for a specific term?
- Has the employee
recently filed a workers' compensation or discrimination claim? Prepare
for retaliation claim.
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