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  1. #1
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Termination of Protected Class Employee in At-Will State

    Quote Quoting throwaway64759
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    The minority employee was discharged for performance issues, though we didn't indicate a reason in the termination letter.

    The only documentation we have of the minority employee's performance issues is the mid-year evaluation. However, the minority employee was the only one subject to a mid-year performance review. None of the other white staff in the department received a mid-year performance evaluation.

    The minority employee was the only one who received a mid-year performance evaluation because he was the only who showed performance lapses necessitating it.

    Is this a valid defense?

    - - - Updated - - -



    His attorney is asking us to re-hire the employee, either in his previous role or to transfer him to a different department.

    We were initially open to transferring him to a different department. The head of that department was open to taking him, but the higher-up intervened and didn't want it to happen.

    If this goes to mediation what kind of settlement are we looking at? What about litigation? Should we just allow for reinstatement and avoid the legal headache and monetary payment? The employee is generally well-liked by all but this one individual.

    We also spent about $50k in just recruiting the guy, and will like spend another $50k to find a replacement. If he's willing to come back why not?
    The bolded is just one more reason why I think that the higher up should be fired. It shows that he puts his ego above the best interests of the company.

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Termination of Protected Class Employee in At-Will State

    the plaintiff has an attorney, you need to as well. do what your attorney says if you already have one.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Termination of Protected Class Employee in At-Will State

    ^^^This.

    On the other board I suggested you call your corporate counsel tomorrow. I suggest you make it the first thing you do tomorrow at 9:00 am.

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