• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • LOGIN
  • Law Office ManagerHOME
  • Book StoreBook Store
  • WebinarsWebinars
  • LOGIN
  • Manage Your Account
  •  
Law Office Manager

Law Office Manager

  • Hiring
  • Increasing profits
  • Technology
  • Billing
  • Managing staff
  • More! ⇩
    • Newsletter Archive
    • Time tracking
    • Client relations
    • Termination
    • Tool Box
    • Risk management
    • Recordkeeping
    • Cartoons
    • Reader tips
    • Purchasing & leasing
    • Marketing
    • Managing the office
    • Information security
    • Your career
    • Working with lawyers
    • Employee benefits
    • Compliance
    • Workplace Safety
  • Special Reports

What you write can come back and bite

February 2, 2024

By Lynne Curry

Your recorded words—they’re direct evidence. Direct evidence is evidence that proves the existence of a fact. Direct evidence includes someone else’s direct observations as in “I saw…,” “I heard….”

Here’s a case where a staffing firm torpedoed itself and their client. The firm’s recruiter emailed 66,000 recipients. They emailed 66,000 individuals seeking applicants for a desktop support position for a client with a subject line “Desktop Support (Need Young Folks Only).1

Really?

That’s direct evidence. And the EEOC sued the staffing agency.

Here’s a landmark case, Stewart v. Wells Fargo Bank, 5:15-cv-00988-MHH, that shows how a manager can undercut a potentially needed termination.

Wells Fargo bank hired Deborah Stewart as a treasury management sales consultant. She had experience that qualified her for her job, but her manager felt she had performance issues.

Although Stewart met benchmark standards, her manager issued her an informal performance warning and then a formal performance warning.

After she received the informal warning, but a week before the formal performance warning, Stewart learned she needed surgery. She requested FMLA medical leave. Her employer granted it.

Five weeks later, Stewart returned to work with limited duties. Her manager wanted her terminated. He sent an e-mail to HR listing multiple bases for termination including the comment, “Debbie submits a request for medical leave.”

The bank fired Stewart and replaced her with an employee who lacked Stewart’s level of experience. Stewart sued for retaliation, alleging the bank wanted her fired due to her taking FMLA leave.

Wells Fargo tried to get the case dismissed and presented Stewart’s performance issues as proof.

The court didn’t buy what Wells Fargo was selling.

That one statement, “Debbie submits a request for medical leave,” tanked Wells Fargo’s case, providing direct evidence of a discriminatory or retaliatory attitude sufficient to present Stewart’s case to a jury.

Ignorance of the law is bliss—until you get bit.

Filed Under: Hiring, Topics, Compliance, Termination, articles Tagged With: Your career, Compliance, Hiring and firing, Hiring

Primary Sidebar

Free Reports

    • Guide to Advanced Hiring Techniques
    • Employee Morale in the Law Office
    • Workplace Bullying

Free Premium Reports

    • 7 Smart Cost-Cutting Strategies for Your Law Office
    • Guide to Advanced Hiring Techniques
    • Employee Morale in the Law Office
    • Workplace Bullying
    • 7 Proven Ways to Make Your Billing and Collections More Profitable
    • 7 Simple, Proven Steps to Hiring the Right Staff
    • 7 Policies Every Law Office Should Have

Download Current Issue

Current Issue

Recent Headlines

How to Handle Staff Scheduling Challenges Without Losing Your Mind

Personalize Incentives to Enhance Motivation for Law Office Staff

Mid-November Checklist for Your Holiday Staff Party

How to Hire a Great Receptionist

Billing for Paralegal and Support Staff Work: What’s Permissible?

Your Career

What to Do If You’re the One Who’s Always Late

Big Changes: How to Navigate a Law Office Merger

Shifting Towards Alternative Fee Arrangements

Tick Those Unpleasant Tasks Off Your To-Do List

Oversharing: Can You Please Curb Your TMI?

Deliver Your Message

Footer

Return to the Top

Download the Current issue
Monthly Magazine Archive
Advertise in Law Office Manager
Download Media Kit

Become a Premium Member
Download a Sample Issue of LOM
Renew your Law Office Manager Membership
Manage Your Account
Contact Law Office Manager
About Law Office Manager
Terms & Conditions
Privacy Policy
Give Us Feedback


Copyright © 2025 Plain Language Media, LLLP • 1-888-729-2315