Managing Non-Performers —Fioernza
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Thus, when confronted with discharge decisions, employers/ managers must bear in mind this concept of protected classes. A discharged employee in a protected class can start a wrongful discharge claim merely by establishing that they are a member of a protected class and suffered an adverse employment action. It then becomes the employer’s obligation to prove a legitimate non-discriminatory reason (e.g., job performance deficiencies, misconduct, lack of qualifications, etc.) for its action. It is virtually impossible to “re-construct” this reasoning after the fact.
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