Sid Steinberg Examines a Case Involving the Importance of Timing in Employee Discharges for The Legal Intelligencer
In a December 9, 2020 article for The Legal Intelligencer, "Wrongful Discharge Claim Viable Where Employer Threatened Ex-Worker to 'Come Up With' Testimony," Sidney R. Steinberg examines a recent case in the E.D. of PA that illustrates the importance of timing in employee discharge cases.
The author notes:
"... if an employer has a legitimate basis to terminate an employee and declines to do so, the strength and utility of the basis for termination diminishes with each passing day. An employer can rarely defend a subsequent termination by pointing back months or even years to a prior incident while asserting “but the employee could have been terminated for that.” While the danger of attempting to influence an employee’s deposition testimony would seem self-evident, the broader lesson is that if an employer has a basis upon which to terminate an employee it should either do so or be prepared to defend a subsequent termination on its own merits."