Takeaway: This case highlights the important role that documentation of performance issues and clear, written job descriptions can play if an employee seeks to challenge an employment decision in court. By maintaining detailed records of an employee's performance deficiencies and by providing candidates with explicit requirements for the positions they seek, employers can minimize potential exposure to allegations of discrimination and retaliation in their decision-making processes. Such foresight can furnish an employer with a strong defense to such allegations, particularly when the employee proves unable to point to any evidence to refute what is in the relevant documents.
The 1st U.S. Circuit Court of Appeals affirmed summary judgment in favor of an employer on failure-to-promote and retaliation claims by a former employee who was denied a promotion and then lost her job for misconduct. Relying on the employer's records and other evidence, which the former employee failed to controvert, the court held that a long, well-documented history of inadequate performance and unacceptable behavior rendered the former employee unqualified for the promotion she had sought, based on applicable, written job requirements.
The court further held that the employer's termination decision was not related to an internal complaint the former employee had made several months earlier. The former employee's claims therefore could not proceed to trial.
The former employee, who had worked for...
HealthNow New York Inc. failed to show that a whistleblower’s False Claims Act suit alleging healthcare fraud violates Article II of the US Constitution, a federal district judge said, but an appe...