Jottings By An Employer's Lawyer

Friday, April 13, 2007

I'm Not Sure Why It's News — But "Fear of Firing" Lays Out Some of the Concerns

Since the lawsuit they featured was one decided last July (see $11m Verdict in the Nutmeg State), I am not sure what prompted today's lengthy article on the problems employer's face when they terminate employees, but whatever the reason, Fear Of Firing, is a good summary.

Any one who works in this world won't be surprised by any of the information, including that often performance appraisals are not candid which causes problems; or that when there is documentation of performance problems it is often used as evidence of "building a case."

Of more interest are the comments — although as one would suspect of those reading Business Week articles, they are more pro-employer than most jury pools.

Update: If you didn't check out the two graphics to the main article you should. One is a graphic representation, The Untouchable Nation, which gives a visual explanation of why every(literally) terminated employee can have a federal case; the other is a graphic representation of how lawsuits end and what they cost: For Every 10,000 Lawsuits, Few Losses, but High Cost. There is also a Pink Slip Protocol which has helpful tips on firing, but of course, just like this blog, it "is not intended, nor should it be considered, legal advice."


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