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Terminating an Employee with a Previous Misconduct after They File a Complaint

Terminating an Employee with a Previous Misconduct after They File a Complaint

shutterstock_214087915Sometimes an employment issues is not anywhere near clear-cut. Let’s take, for example, an employee who’s claiming that she was sexually harassed, but she was just a really bad employee. You do the investigation and you find out well, there is some basis to believe that she was harassed, and you take appropriate action against the people involved, but you still have to fire her. What do you do? Well, as long you’ve documented that she has not lived up to the standards you’ve set for her conduct and performance on the job, you can let her go. The way it works in these discrimination cases is that the employer has an opportunity to prove that he would have taken the job action regardless of any claims of discrimination or harassment, but that is something that you have to document, and there is no substitution for having that information in a provable form.

This short informational blog was provided by Allan Richardson, a New Jersey Employment Lawyer for Employees.

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