Wednesday, March 2, 2011

Caught 'em Red Handed: Here is What Management is Thinking, and What You Can Do About It!

The attached Article, written by Mark J. Neuberger, and published by the excellent employment-related Blog TLNT, discusses the author's management side "postulates" of "good management."  As an employee side litigator, I am not surprised by these; the uninitiated may be.

Thius article is the second of two parts, with "postulates" 6-10.  Let's look at them the postulates 6 and 7, and discuss:

6.  A "Quit" is Better Than a "Fire"

Mr. Neuberger's Point:  It's easier to win an employment lawsuit when you can say the employee caused his/her own damages by quitting (left unsaid:  quitting without any justification).

My Response:  Well, I agree.  That is why I tell my clients (with some rare exceptions) "Don't quit, make them fire you."  One thing Mr. Neuberger didn't say is that employees that quit have a real hard time getting unemployment.  So, even if you don't have a good discrimination or wrongful termination suit, you at least can get unemployment if your are fired unfairly.

Type the word "quit" into the Search Key on this Blog and the see all of the reasons for why you should not quit.

7.  Let Time Pass Before You Fire an Employee Who Has Asserted a Protected Right

Mr. Neuberger's Point:  Let a few months pass before you give in to your instinctual desire to immediately fire an employee that has complained about discrimination, sexual harassment, the company's failure to pay required overtime, or other protected rights.  Timing is everything, so if you want to axe a "problem" employee who has asserted a protected right, just wait a few months to axe them.

My Response:  Never mind trying to investigate and resolve the problem!  When you look at what Mr. Neuberger is saying, you are truly looking into the heart of most employers.  You complain - you're gone.  That's why lawyers like me are here to help.  I also love his last line, "let it sit a few months, and then take the action based on legitimate non-discriminatory documented reasons."  In other words:  wait a few months and then make up some bogus reason for firing the complainer!

The humanity is overwhelming!

Oh, and I've never blown such "documented non-discriminatory reasons" to Kingdom Come, either!

OK, we'll look at the rest when I stop laughing/crying.

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