Companies often get hit with bias claims when they fire employees after giving them positive performance reviews. That’s why when a “rising star” starts to fall, it’s important for HR to document that change.
Read the facts of this real-life case and decide: Who won?
The facts:
A woman was hired to manage one of the company’s locations. She started off on the right foot, and her first performance review rated her as “outstanding.” But problems quickly began. Her employees complained that she was unapproachable and unable to answer questions about the company and its business. The next performance review rated her as unacceptable in most areas, and she was demoted and later fired from the lower position. She sued for gender discrimination.
The employer said:
Clearly, the woman had performance problems, as the staff’s complaints and the second review indicated. The employee pointed to her first review as evidence that she was qualified for the job. But the company argued she went downhill soon after that.
Who won the case?
Answer: The employer.
Why: The court didn’t buy the woman’s argument about her initial high scores. Just because an employee’s rated well when she’s first hired doesn’t mean she can’t be held accountable for future performance problems.
To bolster its defense, the company kept strong documentation of the performance reviews and the employees’ complaints about their manager.
Cite: Lucas v. PyraMax Bank, FSB
Was she fired for gender, or because she was a bad manager?
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