“Why now?” It’s a question that must be asked before firing a troublesome employee, according to Jeffrey Polsky of Fox Rothschild in this recent blog post. “One way that employees and their lawyers attack the employer’s justification for the termination is to question the timing,” he advises. Prepare to be hounded as to why the decision wasn’t made closer to the event in question or after a more egregious offense, he warns.
“If the termination gets challenged, the employee and his or her lawyers will have months to come up with holes in the employer’s rationale for terminating,” says Polsky. So give the question of timing a lot of thought. Indeed, Polsky has actually come up with a list of more than two dozen questions that need to be analyzed before making any irrational or quick employment decisions.
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