Waiving departing employee's notice period can raise discrimination concerns

Last month we looked at the pros and cons of letting soon-to-be- departing employees work the duration of their notice period or whether it's better to cut ties quickly (see "Skipping notice period? Don't let door hit you on the way out" in our April issue). Of special concern to many HR managers is whether waiving the notice period can somehow be considered discriminatory. Coincidentally, the Iowa Court of Appeals just decided a case addressing the issue.

Facts and findings

Alisha Munoz was a seasonal employee at Adventure Land. She gave a one-day notice, letting the employer know Labor Day would be her final day of work. The company determined it didn't need her to work and waived her notice.

Munoz filed a lawsuit against Adventure Land alleging sex and disability discrimination as well as wrongful discharge in violation of public policy. The original court granted summary judgment (dismissal without a trial) to the employer on all charges.

While the appellate court agreed summary judgment was appropriate for most counts, it did send Munoz's hostile work environment claim back to the lower court for further review.

Terminations and benefits qualifications