by: Dr. Ken Broda-Bahm
So the company finally terminates the troublesome employee. “Problem solved,” right? In a litigious climate, the answer could be, “Wrong, the problem’s been replaced by a different problem” because what follows could be months or years of discovery, deposition, and developing strategy before you find yourself explaining that decision to a jury, judge, or arbitrator. And in that long series of steps leading up to your day in court, the facts can accumulate like snowfall in the Rockies: dates, documents, people, and policies all contributing to a picture that gets more complicated every day. What started out as a cut-and-dried decision has now become an elaborate network of legal arguments and counter-arguments, making the jurors struggle just to try to put themselves in the place of the individual making that termination decision.
But it doesn’t have to be that way.