Make Your Termination Decision Count (Don't Sleep On It)

Law360, New York (April 18, 2014, 6:15 PM EDT) -- The success or failure of an employer's defenses in employment litigation often turns on what motivated a termination decision. My consistently low productivity numbers on the assembly line or my complaint about harassment? My taking of leave or requesting of accommodation, or the ongoing business struggles making it necessary to cut costs?

As a consequence, the timing of a challenged decision and decision-maker identity become key issues; if the decision occurs prior to protected activity and/or is made by someone with no knowledge of that activity, logically it could not have factored into the termination decision. These are the kinds of...

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