Employers must use caution when terminating an employee to protect against a wrongful termination claim. A single line in an internal email is all it takes to lose a claim, as demonstrated by a recent FMLA retaliation case.
Poor Performance Vs. Retaliation
As discussed in an article from the Society for Human Resource Management, the employer in question did its due diligence in many ways. The employer issued a series of warnings documenting the employee’s poor performance.