Signs That Employees Will Lose Their Discrimination Case

In my experience as a manager before going to law school and in my practice as an management-side employment lawyer, many discharged employees fail to accept any responsibility for the discharge.   How many times has a friend told you, “I was let go for poor performance, and, you know, they were right.”  Instead, the employees often jump to the conclusion that their age, race, age, sex, disability, or other protected status was the cause of the discharge.

Robin E. Shea has written an excellent post on her Employment & Labor Insider blog that outlines nine signs an employee will lose a age discrimination lawsuit.   Many of her signs, which apply to more than just age claims, go to the issue of why, despite the employee’s mistaken beliefs, the discharge was lawful.   These include such truisms as:

  • The actions of some employees actually warrant discharge;
  • Not all unfair treatment is unlawful; and
  • Discharged employees rarely have all the facts.

I read a lot of information from agencies such as the EEOC, DOL, and NLRB designed to educate employees about their rights under the law.   I applaud those efforts.   But I would like to see more information like that discussed by Robin Shea so that employees get more of a balanced view of the law.

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