Attorney Peter Mavrick recently obtained dismissal of an employee’s federal and state law claims for race discrimination, hostile work environment, and retaliation against a medium sized corporation. The employee’s lawsuit followed the EEOC’s issuance of a right to sue letter against the employer corporation. The employee contended that the employment termination was based on race, even though the employer had clearly documented problems with the employee’s performance.
In this difficult economy, it is important to recognize that any employment termination may result in a future EEOC charge of discrimination or possibly a lawsuit. Terminated employees often have difficulty finding suitable replacement employment, and sometimes look to blame their former employers for their situation. To protect against unnecessary legal problems, management should properly document performance problems. This should be done even if terminating employment is not something the employer is considering at the moment. Documenting performance issues is important to protect the employer’s interests in the event that termination of employment becomes necessary. Performance reviews should reflect an honest appraisal of an employee’s performance, showing good and bad points. The EEOC and the courts view employers more favorably when they possess evidence of timely and regular performance appraisals.
Attorney Peter Mavrick advises management regarding various problems they encounter with employees, including issues involving employee compensation, misconduct, performance problems, demotion, and termination. Mr. Mavrick also has successfully represented many employers when current or former employees threaten legal action. Mr. Mavrick regularly studies changes in federal and Florida labor and employment laws, including legal trends affecting the interests of management.