When poor performance is given as the reason for your dismissal, it’s easy to assume the decision is beyond challenge. After all, employers generally have the right to terminate employees for legitimate performance-related reasons.
However, an employer cannot use poor performance as a cover for unlawful termination. If the real reason for your dismissal was a protected characteristic or because you exercised a legal right, the employer’s explanation may not hold up.
Looking beyond the employer’s explanation
When questions arise about the true reason for a termination, courts often examine the broader circumstances surrounding the dismissal to determine whether the employer’s stated performance issues were genuine or merely a pretext for illegal termination.
Factors such as your performance history, prior evaluations, disciplinary records, internal communications and the timing of significant workplace events can all help determine whether the employer’s stated reason was genuine. For example, if negative reviews or disciplinary action appeared only after you reported harassment, requested a reasonable accommodation, took protected leave or engaged in another legally protected activity, those facts may point to a different reason for the termination.
Courts may also look at how the employer handled other employees with comparable performance records or workplace conduct. If other employees with similar performance issues were given opportunities to improve while you were fired, that difference in treatment may cast doubt on the employer’s explanation.
Protecting your rights after a suspicious termination
If something about your termination does not add up, trust your instincts. Preserve copies of performance reviews, emails, disciplinary notices and any communications related to your dismissal while they are still accessible. Most importantly, seek urgent professional guidance to understand your legal rights and options so you can make informed decisions about your next steps.
