Some supervisors get angry when an employee complains about alleged discrimination. Then they may look for an excuse to discipline the employee.
Watch for such sudden complaints of “.” If the worker was formerly a good employee and now suddenly is not, you may be staring down a sudden outbreak of retaliation.
Recent case: Police officer Kim Robinson was concerned that younger men seemed to be getting all the promotions. She hired an attorney to check for sex or age discrimination. When her supervisor found out about Robinson’s inquiries, she was immediately written up for not properly maintaining the evidence room—something no one had ever complained about.
She sued. The court said her case should go to trial because the sudden accusations of poor performance might be retaliation. (Robinson v. Middletown, No. 1:09-CV-00005, SD OH, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Termination following customer complaint
- Sudden vigilance of company rules can look like retaliation
- Use progressive discipline—or prepare to pay unemployment even if conduct was outrageous
- Rutgers settles race bias case with maintenance workers