November 4, 2019

If your company is making the decision to terminate or demote an employee, be sure that from the outset, you communicate and document the truthful reason for the adverse employment action and most importantly – stick with it. By trying to modify or add to the original reason for taking the action after-the-fact, your company could be forced to prove that the “real” reason for taking the adverse action wasn’t just a pretext to cover up some discriminatory or retaliatory motive. In the employment context, pretext occurs when an employer gives a false reason for taking adverse employment action in an attempt to mask the true motive. One way employees are often able to demonstrate pretext is by showing that the employer’s stated reason for taking adverse employment action has changed since a demand letter was sent or litigation was initiated. To avoid having to justify why your company took adverse employment action to a judge or jury, be sure to clearly state your reasons why, document them, and stick to the story. Questions? Contact our attorneys at myHRcounsel for help!