Timing is Everything

Put another way, in the employment context, firing an employee the same day the employee announces her pregnancy will get you sued, as will firing an employee 17 days after the employee makes a claim of sex discrimination. This is not to say that employers can never terminate employees under these circumstances. However, before terminating employees in close temporal proximity to learning they are in a protected class, or have engaged in a protected activity, employers need to have excellent documentation of the lawful basis for the termination or consider providing severance coupled with a release of claims to avoid potential liability. http://www.eeoc.gov/eeoc/newsroom/release/9-18-13a.cfm; http://www.eeoc.gov/eeoc/newsroom/release/9-17-13.cfm

 

 

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