QUESTION

We were about to fire an employee for poor performance and right before termination we received notice of a charge of discrimination against our company. Can we still terminate him?

If you terminate an employee immediately after receiving notice of a charge of discrimination, there will be a presumption that the motive for the termination was retaliation (which is prohibited). That is not to say that there aren’t circumstances when you should still go ahead with a termination. But do so with caution and the knowledge that you will likely have a retaliation charge to contend with in addition to the discrimination charge.

ASG Law offers legal advice for employers.