Question

You are the Director of Human Resources for a medium sized company private company and have discharged Aimee, a 25 year old black at-will employee for poor work, constant tardiness, and taking longer breaks than authorized by company policy. She is not well liked by her fellow workers, and her work is indeed slightly below satisfactory levels. Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings. You are confident that the company has proper cause to terminate Aimee whether she was at-will or not. When you call her into your office to notify her of her termination, she gets very indignant saying that her work is fine and that she’s not the only one late or abusive of break periods. She then asserts that she’s being singled out because of her sex and her race. She asks about severance pay, and you notify her that there will not be any. Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay. The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring. What would you suggest to possibly abate the law suit?

Answer 1

To potentially abate Aimee's lawsuit, the company might consider entering into confidential settlement negotiations to provide severance in exchange for a release of claims. Consulting with legal counsel is crucial to ensure compliance with employment laws, including the Civil Rights Act of 1964.

Step-by-step explanation:

When faced with the potential for a lawsuit regarding wrongful termination and discrimination claims, it is essential to approach the situation diligently and carefully. One course of action may include engaging in a confidential settlement discussion with Aimee. This would involve negotiating severance or a settlement amount in exchange for a release of all claims against the company. The objective is to avoid the costs and negative publicity of a lawsuit while ensuring that any agreement respects Aimee's rights under the law, including Title VII of the Civil Rights Act of 1964. Before any settlement is reached, it is recommended to consult with legal counsel to ensure that the terms are appropriate and that the company is not admitting to any form of wrongdoing, as this could set a precedent for future cases.