The Employer’s Legal Advisor

Defending Your Company

How often have we heard “The best defense is a good offense”? Applying that principle here, the idea is for you to make as solid a case as is possible by preserving evidence showing the employee’s errors, misconduct, or other deficiency. That evidence will show that you exercised good judgment in decision making as well as demonstrating that you had a nondiscriminatory reason for taking action, thus providing a barrier to the employee proving any form of “disparate treatment.” The prudent employer will also act on that information in a manner that will convey to any potential fact-finder (such as a judge or jury) that its actions were fair and reasonable under the circumstances.

During the process, the employer must also ...