KBK partner Carolyn Wheeler was recently quoted in a Law360, “4th Circ. ‘Good Fit’ Ruling Belies Risk Of Hazy Firing Rationale.” 

The Fourth Circuit recent ruled in favor of a South Caroline college that was sued by a former professor after she claimed the was fired for raising conserns about student harassment and her personal health. When she was terminated, the school’s defense was that she was not a “good fit,” which she said was evidence of retaliation. The court upheld the college’s win in the professor’s case, arguing that the “not a good fit” rationale on its own is often innocuous. However, employment attorneys like Ms. Wheeler argue that such an explanation is often used when an individual is fired for unlawful reasons. 

“Our firm does a lot of whistleblower cases and you hear that sort of thing all the time, and we usually think that is sort of direct evidence of why you wanted to get rid of someone,” Ms.Wheeler said. “Whenever it’s a retaliation case, it’s very suspicious to say someone doesn’t fit in, because maybe you think that because they’re complaining.”

Read the full article here.