What to do if being sued for discrimination be an employee?

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What to do if being sued for discrimination be an employee?

I am being sued by an employee that was fired for poor job performance stating he was fired for discrimination. What can I do to stop this? Do i ned an employment law attorny? In Pasco County, FL.

Asked on December 9, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Are you the employer or are you a manager of an employer?  I am going to assume that you are an employer for the purposes of guidance here.  What I am hoping that you did was build a case against the employee.  By that I mean I hope that you gave him regular reviews and that if you had issues with him about his job performance you warned him and that you have proof of the warnings - written proof I mean - that you had the conversation with him and that he acknowledged you told him about the issues.  He should have signed these reviews or warnings as well.  He is an employee at will and yo have every right to fire him for poor performance.  Bringing a discrimination suit is costly and time consuming.  And difficult to win.  Seek consultation in your area and yes, hire the attorney.  Good luck.


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