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ARTICLE · 14 DECEMBER 2022

Take Note: Here's How Strong DOCUMENTATION Torpedoes Discrimination Claims

Fisher Broyles
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Yesterday's parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than "take my word on it, we should just fire him."

United StatesEmployment and HR
Eric B. Meyer
Eric B. Meyer

Yesterday's parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than "take my word on it, we should just fire him."

Let's test that theory today.

Honest to a fault.

The plaintiff in this case worked for a credit union. The credit union would review the plaintiff's performance monthly. These reviews were written and scored. The parties agreed that anything below 2.0 was considered unsatisfactory.

Beginning in January 2017, the monthly records reflected unsatisfactory performance. The plaintiff, who is black, testified that his race did not motivate any of the scores he received in the months leading up to 2017.

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