A valid reason is advanced, but evidence contradicts
Yesterday's CED covered the situation when there's no documentation to back up a firing. Perhaps worse is the situation in which documentation does exist, but it contradicts the reason that has been advanced. Typical situations:
- Poor performance is alleged, but performance appraisals all say "Good." It doesn't matter that "good" is a low ranking in your company; juries will read "good" as "good."
- Poor performance is alleged, but the employee recently received "Sales Person of the Year."
- Poor performance is alleged, but the employee just got a raise and a bonus.
In these situations, outsiders will distrust your reason, and that leaves them no choice but to go with the employee's reason.
More than one valid reason is advanced
The other scenario that commonly dooms defenses against termination lawsuits is when more than one reason is advanced for the action. For example:
- The manager testifies that poor performance was the reason for the termination, but the notice given to the employee mentions "budget cutbacks."
- The manager says that poor performance was the reason, but testimony at an earlier hearing says "downsizing."
- Formal documents all agree that the termination was for budgetary reasons, but there's an e-mail that says "get rid of that troublemaker who complained to EEOC."
Once again, your defense is doomed. Two different reasons add up to none.
Comments