Terminating an employee in a fit of pique or bad temper is never a good idea. This may be evidence of a discriminatory intent at worst and grounds for filing an employment lawsuit at best."The U.S. Court of Appeals for the 10th Circuit in Denver reversed, holding that the Trujillos raised a reasonable inference of PacifiCorp’s discriminatory motive to establish a prima facie case of association discrimination. The time proximity between Charlie’s expensive treatment and PacifiCorp’s investigation and termination of the Trujillos supported an inference of discrimination. The Trujillos also presented evidence that other employees accused of similar workplace misconduct were not fired. Trujillo v. PacifiCorp., 10th Cir., No. 06-8074 (5/7/08).
Impact: Even if there is a legitimate business reason for terminating an employee, disparate treatment of similarly situated employees by a company suggests a reasonable inference of pretext. Employers are advised that when considering taking action against workplace misconduct, they should take action that is consistent and is in line with company policy."
Along with the advice above, I would add two things: 1) think about twice about why you are terminating the employee and 2) document everything.
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In July of 08, I was hired as a sales mamnager for a software company. From July to January, I have been way above my quota all six months. On January 2nd, I got a call from my boss telling me that I was fired and really having no legitimate reason at all for it. When my letter arrived the next morning, it stated that the reason as "unsatisfactory job performance". I have never in my 6 months there been written up or talked to regarding my performance. How is this possible and is this something I should be going back to them about. I also worked in an enviroment where my boss talked numerous times to us on conference calls about past employees and present employees in a very degrading way. He is alot younger than me and feels that his way is a "bullying approach". I am not sure any of the Upper Execs even know that this goes on in the office and outside the office at company functions. I feel like I was just fired for absolutely no reason at all. There is another manager that started the same time as I did and has been the lowest in sales all 6 months. He was given 6 months from Jan. to bring his sales up or his job is gone. this is also someone that my boss was always getting on regarding his performance. He is also was a friend of my boss and he is alot younger. Sounds to me like a very unfair decision.
ReplyDeleteHerein lies a problem with Indiana's employment-at-will doctrine: what is unfair is not illegal unless the employee fits into an exception. The biggest exception being the federal Title VII (race, national origian, sex, etc).
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