Employment Law Strategies Newsletter: The Perception of Retaliation: A New Risk for Employers to Consider
I've got a hypothetical for you: Let's say that one of your employees tapes an anonymous letter onto the wall between the restrooms where customers can see it. The letter makes allegations of discrimination that have never been reported to you through the normal reporting policy. Rumor has it that the anonymous
writer is the same woman whom you put on a "Last Chance Agreement" last month for failing to meet productivity goals. A couple of days later, you terminate her for violating her agreement, following a
loud argument full of curse words with a member of management. However, you later discover that the
person who posted the anonymous letter was someone else.
Or what about this one: You've got another employee who has been a major problem. He's had a number of write-ups and is on his last warning. Any subsequent offense will lead to a termination of his employment. In a totally unrelated incident, someone files a complaint with OSHA, and you are the recipient of a surprise on-site inspection. The next day, when the problem employee is five minutes late, you terminate him.
Or: Two employees of a retail establishment are best friends and roommates who spend a lot of time together. One has been disciplined a number of times, and you are getting ready to fire her for a failure to follow company rules.
To download the full article (page 3) from Employment Law Strategies, click here.