Many an employee has filed a lawsuit, lost … and found herself still working for the company she sued. Little wonder that she might sense retaliation in every subsequent action that hurts her career. And—go figure—that makes another lawsuit all the more likely.
Prepare for that possibility by making it a point to document how her supervisors treat her after her first case runs its course. Pay particular attention to positive developments, such as training opportunities. Be sure to note any promotion opportunities that she didn’t apply for. That way, you will have evidence to counter retaliation claims.
Recent case: Irene worked for the Department of Motor Vehicles (DMV) for about 30 years in various roles. She wanted to become a regional administrator (RA) and sometimes temporarily served in that capacity when the incumbent was absent.
However, when others were promoted and she was not, she sued, alleging discrimination. Her case was dismissed.
A few years later, Irene sued again, this time alleging retaliation. She said that after her first lawsuit was dismissed, her new supervisor had refused to let her serve as acting RA, cutting off opportunities for further advancement.
The DMV argued that nothing about her salary, benefits or other opportunities had changed. While Irene didn’t get acting RA assignments for a few years, she did get plenty of other opportunities to develop herskills. Plus, she never bothered to apply for RA positions that opened after the first lawsuit.
The court tossed out Irene’s retaliation claim. It reasoned that she couldn’t show any sort of adverse action. Her employer hadn’t punished her for suing. (Madrid v. Department of Motor Vehicles, No. B231139, Court of Appeal of California, 2nd Appellate District, 2012)
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/31617/worker-loses-lawsuit-track-new-opportunities "
- Workplace romance gone bad? Don't hesitate to terminate if you perceive danger
- Employee didn't apply, so college couldn't have discriminated
- Understanding religious accommodations in Ohio workplaces
- Be prepared to explain business case for RIF
- Michigan disabilities act and the ADA: important differences