Have you ever heard of retaliation claims? Chances are you haven’t unless you’ve also faced a discrimination charge from an employee.
Let’s say your company is facing a discrimination from an employee. A lawyer tells you the claim is very weak. “You’re almost certainly going to win this case.”
What a relief! You always knew your company didn’t do anything wrong. And maybe you’re thinking of ways to “encourage” that employee to leave or let others in the industry know about the bullet you’re dodging.
Hold off. The last thing you want to deal with now is a retaliation claim. (Remember, lawyers rarely have only good news.)
Employers Must Resist Revenge or Risk a Retaliation Claim
It’s tempting, but you must resist showing any anger or take any action that looks like a revenge or a reprisal. These actions can bring an equally, or even worse, charge: a retaliation claim.
As an employment lawyer, I’ve seen this scenario more than a few times. A good, law-abiding company gets hit with a a trumped-up discrimination claim. It’s dismissed and the understandably aggrieved employer seeks to “get even” with the employee who made the allegation. Doing this can easily lead to a much stronger and more expensive retaliation claim.
What I have tried to do with this section and the FAQ that follows is provide a quick and fairly comprehensive primer on this area of law that’s interesting and relevant to you as an employer. Think of it as a “Retaliation 101” summary that quickly gets uou up to speed on the general principles and avoid lawsuits or other problems.
However, I must caution you, this is not legal advice. If you need this, please contact my office or another employment attorney for a consultation on your particular matter.