must carefully evaluate the unique circumstances of each case. Is the decision based upon defensible, objective criteria? Is the person chosen to remain demonstrably
the
better candidate? Has the employer fully explored and documented all reasonable alternatives to termination? Does the employee to be terminated have any legitimate basis for a possible claim of discrimination or retaliation? Employers must satisfactorily address and document these and similar questions during the decision stage rather than in response to a charge of discrimination.
Anticipating the potential for claims of discrimination and being fully prepared to provide the objective bases for declining to recall or terminating an employee is perhaps the most effective means of defending against such claims.
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
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