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Employee Evaluations and Dismissal

Positive evaluations can be used to support claims of wrongful dismissal.

• A Pennsylvania court ruling illustrates how employee evaluations can be used by fired employees to support their claims of unlawful dismissal. A Jewish employee was fired from his management job after he began objecting to a company newsletter that contained religious materials, and to Bible verses printed on payroll checks. The employer claimed that the dismissal was based on the employee's inconsistent job performance and poor attitude. The dismissed employee sued his former employer, claiming that his dismissal violated state law prohibiting religious discrimination in employment. The employer insisted that the dismissal was caused by non-religious considerations including poor job performance and attitude. In ruling in favor of the former employee, the court observed that prior to the time when the employee first complained about the Bible verses printed on his paychecks, he "was ...

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  • March 1, 1991