Employers are often faced with a conundrum after learning of employee misconduct. Summarily terminating an employee may appear harsh and may, in fact, lead to an unfair result. However, the longer an employer waits to take disciplinary action, the more opportunity there is for an employee to create (or, at a minimum, highlight) potential issues of fact that may undermine ultimate discipline. Such appears to be the case in the recent decision of Worthington v. Chester Downs & Marina, No. 17-1360, 2018 U.S. Dist. LEXIS 215726 (E.D. Pa. Dec. 21, 2018).

Fighting Casino Workers

Donald Worthington was a table games dealer at Harrah’s Philadelphia Casino from April 2011 to July 6, 2016. On June 12, 2016, Worthington was involved in a physical altercation with a co-worker, Allen Glassman, during which Glassman “body checked” Worthington. Glassman and Worthington had a history of animosity.