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You shouldn't have anything to fear if you have properly documented the lack of performance. In these types of cases, it is the person claiming discrimination that has the burden of actual proving discrimination.
So, this person would have to prove that the basis that you are giving for the termination
is false or inaccurate.
As for the other situation, with the employee that was terminated for being intoxicated, I believe that was a very different circumstance. The CDLE there didn't find wrongful termination
or discrimination. They found insufficient evidence to support blocking unemployment
, which makes sense. When an employer tries to block unemployment, it is the employer's burden to prove their case in order to block that unemployment. Because they didn't have the DRUG
FREE workplace posted, they couldn't claim that the employee had notice of the rule (which is stupid, but whatever) so the employer didn't prove their case. The termination was still legal, but the employee also got unemployment.