Managing Non-Performers —Fioernza

Are you discharging an employee in a “protected class?” Wrongful discharge cases generally hinge on an employee proving that: 1) the reason for the discharge offered by the employer is false; and 2) the action itself violates a law that protects the employee from discharge. To address this first issue, employers must realize that any written document which appears inconsistent with the discharge decision can be fatal to defending the employer’s actions in court.