We often speak of the costs of making a bad hire especially in sales. One bad sales hire can send prospects to your competition and sully your company’s reputation in the market all while you pay this salesperson. But what if it goes even further than that? In our litigious society, what if an employee decides to make a run at a discrimination lawsuit?

BusinessWeek online offers up some incredible examples in Fear of Firing:

-Many of the lawsuits may seem ridiculous. IBM is currently defending a case filed by James C. Pacenza, a plant worker it dismissed for visiting an adult Internet chat room while on the job. In his lawsuit, Pacenza claims that his propensity to such behavior stems from post-traumatic stress disorder, which he suffers as a result of military service in Vietnam, and that IBM violated the Americans with Disabilities Act.

-In October, 2002, Southview Hospital in Dayton fired Karen Stephens, a nurse who worked in a unit for premature babies and other at-risk newborns. Six other nurses had reported that Stephens was abusive to infants, according to court filings, spanking them when they were fussy, wagging their noses until they screamed in pain, pinching their noses shut to force-feed them, and calling them “son of a bitch.” Stephens, who was 60 at the time, sued Kettering Adventist Healthcare Network, which operates Southview, denying “inappropriate” conduct and alleging that the real reason she was let go was age discrimination.

-Even in the face of theft, Revolution Partners, a small investment banking advisory firm in Boston, balked before showing one of its employees the door. The woman had used her company credit card for a personal shopping spree and plane ticket, but Revolution retained an employment attorney, got the woman to sign a form waiving her right to sue for wrongful dismissal, and after she was fired took no legal action to recover the amounts improperly charged. “We’re a little firm, and the last thing I need is to spend a lot of time on a lawsuit, whether it’s warranted or not,” says Peter Falvey, one of Revolution’s co-founders.

Pathetic examples of malfeasance, don’t you think? It is difficult to predict which employees will choose this path if terminated. However, it is possible to do as much as possible to hire the best person for the job. Each hire leaves the company with some exposure for a potential lawsuit no matter how frivolous the accusation by the former employee. Invest in finding the best candidate and you provide some insurance to these headaches.

In our candidate assessing business, I have always believed that our prices should be double for identifying candidates that look good on paper to the hiring company but are not a match for the position based on the objective assessment. One parting thought about a bad hire who resides on your payroll for any extended period of time:

This set of divergent incentives puts line managers in a tough position. When they finally decide to get rid of the underperforming slob who plays PC solitaire all day in her cubicle, it can be surprisingly tough to do. And that, in turn, affects productive workers. “Few things demotivate an organization faster than tolerating and retaining low performers,” says Grant Freeland, a regional leader in Boston Consulting Group’s organization practice.

Posted By Derrick Moe | Hiring,Trends,Turnover | | Comments(0)