- Thoroughly investigate the situation and ensure the misconduct or poor performance, in fact, occurred and can be proved.
- Assess whether individuals who might be seen as similarly situated have engaged in the same or similar conduct but faced different employment consequences. Of course, circumstances may differ and may justify different courses of action for different employees. Before acting, however, an employer should carefully consider whether, if faced with a discrimination claim, it will be able to sufficiently articulate and prove its reasons for treating similarly situated employees differently.
- Consider how to handle any future instances of similar misconduct or poor performance. If the employer is not prepared to discipline or terminate employees consistently in the future, it could face a discrimination claim if the disciplined or terminated employee learns of future inconsistencies in the employers actions.
Megan Anderson is an MSBA-certified employment and labor law specialist and proactively partners with businesses, non-profit organizations, and higher education institutions to ensure employment law compliance and prevent ...
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