Consider this before dismissing a request for reinstatement or new job application from a former employee: She may be trying to set up a lawsuit alleging that turning her down amounted to retaliation. Don’t fall into that trap.
Recent case: Georgina lost her job with her former employer after suffering from what she claimed was sexual-orientation discrimination. She missed her 90-day deadline for filing suit after getting an EEOC right-to-sue letter.
That’s when she contacted the employer about getting her job back.
When Georgina wasn’t hired, she sued, alleging she was turned down because of her prior complaints.
The court said Georgina’s retaliation claim could go forward. She may even be able to use some of the prior allegations to bolster her retaliation claim. (Thomson, et al., v. Odyssey House, et al., No. 14-CV-3857, ED NY, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Give managers a refresher on retaliation risks
- Your obligation to accommodate religion begins when employee requests it
- Keep all medical records confidential! Otherwise, normal lawsuit rules don't apply
- Informal comment to HR? Beware retaliation suit