No race discrimination where employer conducted good faith investigation

The courts have been clear that, when an employee is terminated for misconduct after a good faith investigation, the employer will not be held liable for wrongful termination. Now a California court of appeals has ruled that good faith investigation also protects an employer from a claim of race discrimination.

In Hicks v. Pacific Bell, a supervisor was fired for assaulting one of his subordinates. There were three witnesses (all customers). The employer talked with the witnesses, the subordinate, and most importantly with the offending supervisor. The supervisor denied the accusations, but the employer believed the witnesses and terminated his employment. He sued for wrongful termination and race discrimination, and lost on all claims on a motion for summary judgment.

This case emphasizes the critical importance of doing an impartial and thorough investigation.

HICKS v. PACIFIC BELL,
___Cal.App.4th___, 97 C.D.O.S. 879 (February 5, 1997)

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.