Lifestyle

Go to Greg

A former employee who I fired is claiming I discriminated against him, and my employer wants to settle rather than fight the charge. I am offended because I know the truth, which is I didn’t discriminate, and feel the company doesn’t have my back if they agree to settle. Do I have any rights in his matter?

You have the right to voice your point of view — and to do so strenuously. But the ultimate decision in these often complicated matters must reside with the HR and legal experts who can be more objective about weighing the pros and cons of various courses of action than the parties directly involved. I share your indignation about settling claims that are completely unfounded. But even if the actions of the manager involved are above reproach, some cases still aren’t so clear cut, and a proper business decision could be to settle at a reasonable cost rather than to devote lengthy unproductive time and incur costly expenses fighting the case. It doesn’t mean the company isn’t supporting you. If they had doubts about your actions they would tell you. And if you have any doubt just ask.

If I hired someone when they were 53, and then fired them two years later for poor performance, can they sue me for age discrimination?

I love our country. Our founding fathers did a great job. They created the greatest republic on the planet — but with a few flaws. Many of them were lawyers — now, before you legal eagles start sending in your protest cease-and-desist letter — know that many of my best friends are lawyers. Heck, I even flirted with getting a law degree. But our society is so litigious that anyone suing anyone else for anything shouldn’t come as a surprise. You hired this guy when he was 53. You fired him when he was 55. Yes, he can sue, but assuming you can support the performance issues . . . and assuming you are telling the truth and you didn’t say anything stupid like “that is the last time I hire an old guy” — then stick to your guns and go about your business.