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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- As courts define same-sex harassment, beware behavior that crosses a line
- Handle terminations with dignity, due deliberation
- When employee sues, beware whistle-blower add-on that alleges violation of public policy
- EEOC: Brownsville butcher sexually harassed subordinates