The 2026 FIFA World Cup has delivered plenty of excitement, but one recent controversy offers an unexpected lesson for employers. Following the issuance of a red card to U.S. striker Folarin Balogun, debate erupted over the suspension, the review process, and whether the decision-making procedures were fair and transparent. The situation generated discussion not only about the outcome, but about how that outcome was reached.[i] [ii]
While most employers don’t spend their days thinking about international soccer regulations, they should pay attention to what this situation illustrates: in both sports and employment law, process matters.
It’s Not Just About the Decision
When a referee issues a red card, the consequences are immediate. A player is removed from the match, the team is forced to adjust, and public scrutiny follows. But as we’ve seen during this World Cup, much of the controversy wasn’t about the penalty itself—it was about whether the rules were applied correctly and whether the review process was fair.[iii]
Employers face similar challenges every day.
A manager may believe an employee violated company policy. Human Resources may receive a complaint about misconduct. Leadership may determine that an investigation, discipline, or even termination, is warranted.
The legal risk often isn’t limited to the ultimate decision. Instead, disputes frequently arise because employees perceive the underlying process as unfair, inconsistent, or rushed.
Three Questions Every Employer Should Ask
Before taking disciplinary action, employers should be able to answer three critical questions.
1. Was the Rule Clearly Communicated?
In sports, players are expected to know the rules before they step onto the field.
The same principle applies in the workplace.
Employers should have clear policies that are communicated through employee handbooks, training programs, written procedures, and ongoing manager reinforcement. Expectations regarding attendance, workplace conduct, harassment, safety, confidentiality, and performance standards should never be a mystery.
When policies are unclear, employees are more likely to argue that they were disciplined for conduct they did not know violated company rules. It is advisable to have legal counsel periodically review and edit handbooks and procedures.
2. Was the Investigation Fair?
One reason the Balogun situation became so widely discussed was the focus on review and appeals. People wanted to know whether decision-makers followed a process, including considering all relevant facts before imposing consequences. Employers should ask themselves the same question.
A fair workplace investigation and discipline typically includes:
- Confirming that the rule/restriction was “published”
- Gathering and ivestigatingrelevant facts
- Interviewing witnesses, as appropriate
- Reviewing available documentation
- Evaluating precedent, if applicable
- Giving the employee an opportunity to respond
- Avoiding assumptions or predetermined conclusions
Acting too quickly can create unnecessary risk. Employees who believe they were denied an opportunity to explain their side of the story are more likely to challenge the outcome, whether internally or through legal channels.
3. Was the Process Applied Consistently?
Consistency is where many employers struggle.
Imagine a soccer referee calling a foul one way for one team and a different way for another team. Fans would immediately question the legitimacy of the decision.
Employees react the same way.
If one employee receives a written warning for misconduct while another receives no discipline for similar behavior, questions naturally arise. Was there a legitimate reason for the difference? Was the decision influenced by favoritism? Was protected activity involved?
Inconsistent discipline is often used as evidence in employment disputes, particularly when allegations of discrimination or retaliation are raised.
Consistency does not always require identical outcomes. Different circumstances may warrant different responses. However, employers should be able to explain why similar situations were handled differently.
Documentation Is Your Instant Replay
Modern sports rely heavily on replay technology to evaluate critical decisions.
In the workplace, documentation serves a similar purpose.
Performance reviews, witness statements, attendance records, emails, disciplinary notices, and investigation notes create a record of what occurred and how decisions were made.
When an employer overlooks or cannot produce documentation supporting a disciplinary decision, it becomes significantly more difficult to defend that decision later.
Good documentation helps answer the questions that inevitably arise:
- What happened?
- When did it happen?
- Who was involved?
- What investigation occurredd?
- What policies were considered?
- Why was a particular action taken?
- How was the situation documented and communicated?
The strongest employment decisions are often the ones that can be reconstructed months or years later through clear and accurate documentation.
Fair Process Builds Trust
Employers sometimes assume that employees will only be satisfied if they receive a favorable outcome.
That’s not always true.
Research and experience consistently show that people are more willing to accept an unfavorable decision when they believe the process was fair, transparent, and respectful.
An employee may disagree with a final disciplinary decision while still recognizing that they were heard, treated respectfully, and given an opportunity to respond.
That perception of fairness can go a long way toward reducing conflict and preserving workplace morale.
The Bottom Line
The FIFA red card controversy reminds us that outcomes matter—but process often matters just as much.
Whether you’re officiating a World Cup match or managing a workplace investigation, disciplinary matter, or even a termination, credibility depends on following established rules, gathering the facts, and applying standards consistently.
For employers, the lesson is simple: Don’t focus solely on making the right decision, but instead also take the time to provide transparency regarding how you reached it.
A fair process won’t eliminate every dispute, but it can significantly reduce risk and strengthen your organization’s ability to defend its actions when questions arise.
[i] https://www.sportingnews.com/us/soccer/news/can-fifa-rescind-red-card-appeal-rules-folarin-balogun/cb25581f003fed0ef5690678
[ii] https://www.cnbc.com/2026/07/05/trump-fifa-balogun-world-cup-red-card-suspension.html
[iii] https://www.sportingnews.com/us/soccer/news/can-fifa-rescind-red-card-appeal-rules-folarin-balogun/cb25581f003fed0ef5690678