Employment Discrimination Claims

Ortego, Joseph J.; Krinick, Evan H.
June 1997
Marketing Management;Summer97, Vol. 6 Issue 2, p46
This article offers tips for sales and marketing executives on how to help limit company's risk of attracting employment discrimination claims. In hiring sales, advertising, or marketing personnel, make sure to describe each employee's duties and responsibilities clearly; this can help ensure that only those who want to work in these positions are hired for them. Any problems that are noted with a particular employee's performance should be documented. When an employee does have trouble meeting expectations, management should clearly explain the problem to the employee. In the event a company is considering making a significant employment decision with respect to a particular employee, management may want to obtain an independent evaluation of its position. Once an employee is terminated, the company should be careful about any references or recommendations it provides about the person. A good reference could allow the discharged employee to assert that the company had no valid reason for the firing. A poor reference could lead to a claim for defamation or libel.


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