Employees can be ungrateful. Sometimes, they’ll turn down promotion offers because the deal isn’t sweet enough—and then sue, alleging that low pay was evidence of bias.
Win those cases by producing documentation of the entire promotion process, including how you set pay.
Recent case: Reynaldo Ramirez worked for UPS and was up for a promotion. Managers discussed among themselves what kind of salary flexibility they had, deciding they could pay up to $4,650 per month.
UPS offered Ramirez the job, but he said he thought the monthly salary should be $5,000. He didn’t specifically accept the offer and left managers with the impression he didn’t want it.
Then he sued, alleging race discrimination and claiming the company wanted him “cheap.” The court rejected his argument after reviewing UPS’s promotion documentation. (Ramirez v. UPS, No. 06-1042, DC NJ, 2011)
- Worker Doesn't Have to Say 'Harassment' to Make Complaint
- Follow up with harassed employee to check for retaliation--and prevent future lawsuits
- Warn hiring committee: Never discuss decision-making process with candidates
- Feel free to change schedules if it will save money or improve operations
- Settling a case? Make sure the agreement includes a ban on re-employment