• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Tell supervisors and executives: Keep anger to yourself when employee files lawsuit

by on
in Employment Law,Human Resources

Supervisors often get angry when a subordinate files a lawsuit. Sometimes that anger is justified, but supervisors should be careful how and where they vent. The outcome of the lawsuit may depend on how supervisors handle their outrage about being sued.

For example, calling a press conference and attacking the employee for suing may not be the most constructive approach.

Recent case: Angelita Kercado-Clymer worked for the city of Amsterdam. She claimed her supervisor had created a sexually hostile environment by making several sex-oriented comments over a 13-year period. When she complained, she said her supervisor retaliated by punishing her for minor transgressions.

She sued for harassment and retaliation.

The supervisor responded with a press conference in which he referred to Kercado-Clymer as “a chronic complainer,” “professional victim,” “one of his worst employees” who “blatantly lied,” “was never qualified to be hired,” “had always demanded special treatment,” and “can’t be trusted.”

The court dismissed the hostile environment claim but allowed the retaliation claim to go forward, citing the press conference diatribe as evidence. It said the punishment for minor transgressions might have been motivated by retaliation. (Kercado-Clymer v. City of Amsterdam, No. 09-0675, 2nd Cir., 2010)

Final note: Lashing out at employees who sue may win the battle but lose the war. It’s hard to prove a sexually hostile environment, but relatively easy to prove retaliation. That’s because retaliation is anything that would have dissuaded a reasonable employee from complaining in the first place.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11377/tell-supervisors-and-executives-keep-anger-to-yourself-when-employee-files-lawsuit "

Leave a Comment