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0 pointsncallaway5y ago0 comments

It depends what you mean by the company would have the evidence ready.

I'm positive the company would have evidence that the terminated individuals were late by 1 minute on two separate occasions. But the company might also have evidence that other employees were also late and not terminated.

You can pretty easily create an evidentiary trail that "Person X did thing Y, and was then terminated". What's harder is creating an evidentiary trail that "Other people at the company are also regularly terminated for thing Y".

If the company really does fire every employee that has two 1-minute tardiness', then it's going to be a real struggle to claim the firing was pretextual. If this firing is the first time the company has fired someone for those reasons, the company is in real trouble.

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perl4ever5y ago

I think they simply don't do it quite that way. If halfway competent.

Instead, when someone wants to get rid of an employee for a reason that might not be legitimate, they write them up for about a dozen vague and contradictory things, and then present it as a "sign or be fired on the spot" thing, whereupon the employee signs, either because they convince themselves they can salvage the situation, or they just need more time to job hunt.

Then after a little while, they do it again, so it fits into the normal framework of someone being put on a PIP and failing to improve.

When they quit or are fired, it's essentially impossible to challenge, because it wasn't just one or two tiny things, it was a whole list of BS, and the employee signed their name to it to buy time. Or at least it's intimidating enough I think few people would consider suing.

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