The Employer Handbook

Articles Posted in Retaliation

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You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination.

Can you go through with the termination? Or is the timing so suggestive of retaliation that you’re practically guaranteeing a jury trial on that issue?

Let’s find out…

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Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c)

Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside.

Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it. Continue reading

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Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

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Image Credit: Photofunia.com (https://photofunia.com/results/5d750cee089f7a9b358b4594)

Last week, I blogged about a situation in which two employees alleged that their former employer retaliated against them for participating in a workplace investigation. Each claimed that the close timing between the investigation and their subsequent firing confirmed that there must have been some retaliatory animus.

They were wrong.

What I have for you today is another similar situation. This time, we have an employee who complained about a supervisor’s sexual harassment. The company investigated. Then, it fired the supervisor and promoted the victim to supervisor. And then promoted her again. But, later, the company fired the victim. Continue reading

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You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
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“Doing What’s Right – Not Just What’s Legal”