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Failure to Follow Progressive Discipline Helps Show Discrimination

By Thomas J. Crane on May 19, 2010
Posted in Discrimination

 Progressive discipline.  I wish I had a nickel for every potential client who told me the employer did not follow the progressive discipline policy and, instead, fired the potential client after only one (or none) write-ups.  Well, as I have mentioned elsewhere on this blog, the employee handbooks are not binding on the employer.  Many…

An Employer Needs to Document Problems

By Thomas J. Crane on September 8, 2009
Posted in Discrimination, General

 If you have a problem employee, it is important to document those problems.  Written counseling serves many purposes.  Michael Fox discusses a case in which the employer did not document those problems and lost a claim for discrimination because of that failure.  Of course, he assumes the alleged work problems were genuine.  Maybe they were…

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