Avoid Litigation: Separate Performance from Protected Status and Separate by Agreement


It is no surprise that a problem employee’s performance issues are not the sole source of angst for an employer. Sometimes that problem employee seeks to protect their deficient performance by filing claims for a host of other issues that give the errant employee protected status. Perhaps they claim to be harassed by other employees or their supervisor. Perhaps they have claims that include unpaid wages, loss of breaks, loss of lunch periods, discrimination based on their protected status as a person of color, age over 40, gender or sexual preference. Believe it or not, a person can be subjected to unlawful practices and also be a terrible employee. By failing to fully investigate and deal with the protected status claims, whether intentional or not, you may subject your organization to litigation when you fire the employee for poor performance. Keep protected status and poor performance separate by dealing with both squarely and straightforwardly. Most importantly, deal with both.Continue reading