An architect I worked with was sued for wrongful termination of employment. He let an employee go while she was pregnant. Company emails between the former employee and the architect showed that there were problems with her work, which was the actual reason her employment was terminated. However, the architect’s insurance company decided to settle for sixty-five thousand dollars. The architect’s insurance premium will likely go up as a result.
What if the architect had an expert determination clause in his employment contract? Then, an expert employment lawyer would have spent a few hours to review relevant emails from the last year. They would answer the question of whether it was more likely that employment was terminated for reasons of pregnancy or work performance. Since it was the latter, the architect would have been off the hook. Simple.
The attorney of that architect reviewed the expert determination clause and said it was — and I quote — “…an impressive process to limit and/or control disputes that otherwise get out of control. Well done!”