The Not-So-Simple Employee Disclipline Matter

Employment lawyers have long understood that they need to look behind complaints that an employee has a 'bad attitude,' since a nonspecific, highly subjective criticism of this nature may not tell the whole story. In determining the risk of taking disciplinary action against an employee ' and particularly with regard to an employee who is protected by the array of federal, state, and local employment discrimination laws ' we look for objective information that evidences specific difficulties with the employee's job performance. With only an amorphous claim about 'attitude' and without solid, objective evidence, there is a risk that the employee may be able to claim that the real reason he or she is being disciplined is his or her protected status, not job performance problems.