12/14/2012 // Dallas, Texas, USA // Rogge Dunn Group // Rogge Dunn Group // (press release)
Most employers know that they cannot fire an employee because the employee reported workplace discrimination or harassment. But, is the employee “safe” forever? Does the employee have guaranteed job security?
No. In fact, the employee can still be fired at any time. The employer just cannot make the employee’s discrimination complaint the basis for the termination decision. So, for example, if an employee complains about sexual harassment and then steals $100 from the company two days later, the company could fire the employee for theft.
As a practical matter, an employer should proceed carefully when terminating an employee for job performance reasons if the employee has previously complained about discrimination or harassment. In most instances, the company should document the employee’s inability to perform the job and keep good records regarding all disciplinary actions or warnings. Prior to the termination, the employer should consult with a business and employment lawyer. The business and employment lawyer should review the documentation to ensure that it is sufficient and advise the employer about how to conduct the termination meeting.
The business and employment law attorneys at Rogge Dunn Group routinely counsel employers on termination-related issues. They know how to craft termination plans designed to minimize the potential for future retaliation lawsuits. To speak to a Dallas, Texas business and employment lawyer, contact the Dallas business and employment lawyers at Rogge Dunn Group. You may send an email to debra@www.cdklawyers.com or call (214) 239-2705.
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