The jury did not believe that the company was truthful in the reason given for firing Reeves and granted judgment in his favor. The Supreme Court held that a plaintiff might succeed if the employer s reason for termination is not believed. The Court explained that once the employer s justification for firing has been eliminated, the discrimination may well be the most likely alternative, especially since the employer is in the best position to put forth the actual reason for its decision. Therefore, a jury can infer discrimination when a plaintiff proves that the reason given by the employer for discharge is not true. This decision puts employers in a position of losing cases involving allegations of discrimination even where none exists simply because the reason given for termination is not believed.
Employers are in the best position to explain the reason for their actions.
Be direct and up front with employees about the reason for termination. For example, if they are being terminated for failure to make a certain required quota, then tell them so instead of softening the blow with the it s not you, it s us speech. Have documentation to support your reasons. Then, you will truly have a reason for termination that cannot be disproved . Honesty, while not always the most popular or easiest policy to follow when terminating an employee, may just be the best policy to protect your company from losing a case of alleged discrimination.