Being Honest with Employees
If you cannot tell the employee your reason for action in a direct, plain, and unvarnished manner, that is a sign that something is wrong and must be fixed before you take a final step and implement your decision. This places a premium on having all the facts at your command and, if any assumption has been made, that you are satisfied that it was correct.[*] This makes it difficult, if not impossible, for the plaintiff to discredit the employer’s reason for taking action.
[*] An employer may make an honest mistake and not be guilty of employment discrimination; however, the employer has the burden of satisfying a jury that there was an “honest mistake.”
Imagine a scenario in which an employer has been sued for age ...
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