How do you handle a former employee who wants to come onto the premises and speak with other employees about her pending lawsuit? You can ban her.
Recent case: Michelle Amorosi sued the Methodist Hospital and Aramark for alleged disability discrimination after she was fired.
Then Amorosi showed up in the hospital cafeteria to speak with one of her former co-workers about her lawsuit. She was escorted off the premises by guards and a manager who announced that she was not allowed on hospital grounds because she had sued them.
She then added retaliation to her lawsuit.
But the court tossed out the additional claim, reasoning that no reasonable employee would forgo a discrimination lawsuit for fear she might be escorted off the premises months after no longer working there. (Amorosi v. Molino, et al., No. 09-1223, ED PA, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't overlook fresh evidence that the employee you fired deserved to go
- Make sure all medical tests you require are truly job-related and necessary
- Establish promotion criteria to discourage lawsuits
- Frivolous lawsuit? You'll need patience