Managing Non-Performers —Fioernza

The key is to recognize before a discharge decision is finalized that where a protected class is involved, a heightened duty of proof exists should the matter end up in court.

So, without obtaining an employment law degree, how does an employer make reasonably safe discharge decisions?

The Manager’s Role. Documentation is critical. It is incumbent on the employer’s managers to document all employment decisions in a manner designed to defend potential claims of wrongful discharge. The manager can substantially limit the company’s potential liability by remembering that all discharge decisions will ultimately be judged on a standard of job- relatedness. Accordingly, the manager must be able to demonstrate with clear documentation that the action was taken because of a true job requirement.