Crackdown on sexism can backfire; firing an accused harasser can lead to a retaliatory suit

Article Abstract:

Employers who fire employees for alleged sexual harassment could end up liable for punitive damages if the terminated employee sues. A 1997 Wisconsin jury awarded Jerold Mackenzie $26.6 mil from his former employer, Miller Brewing Co. The safest approach for most companies is to conduct a complete and immediate investigation of harassment allegations, interview all witnesses including the alleged harasser, and guage whether or not the incident is part of an ongoing pattern.

United States, Analysis, Sexual harassment, Wisconsin

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Employees' lies can backfire; misconduct may bar employment suits

Article Abstract:

'After-acquired' evidence of employee misconduct can sometimes be used to bar an employment discrimination or wrongful termination lawsuit or at least to limit damages the employee can recover. Such misconduct may include lying on resumes or job applications. In order to augment the chances of using this defense, employers should always state on applications that misrepresentations and omissions will result in dismissal if discovered subsequent to employment.

Evaluation, Job applicants, Resumes (Employment), Resumes

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California high court rules that employers can fire employees for misconduct based on good-faith belief resulting from investigation, without actual proof

Article Abstract:

The California Supreme Court ruled in Cotran v. Rollins Hudig Hall International, Inc., a case in which the employee was dismissed for sexual harassment denied by the employee, that an employer's reasonable, good-faith belief an employee engaged in misconduct can be reason enough for dismissing an employee. The employer must, however, adequately investigate the charges before dismissing the employee.

California, Good faith (Law)

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