Employees who file or participate in a Fair Labor Standards Act (
Recent case: Rhonda Raspanti worked for Four Amigos Travel, fielding calls from customers responding to mailed vacation offers. When a co-worker filed an FLSA lawsuit, she joined the lawsuit. Seven months later, just after the case was settled, she was fired. Raspanti sued, alleging retaliation.
But Four Amigos was able to show that Raspanti was terminated along with other employees after Hurricane Wilma wreaked havoc on the vacation sales industry. Executives testified the company lost two-thirds of its revenue in the month after the hurricane, and therefore decided to eliminate employees who were “dead weight.”
The employees were selected on the basis of sales, post-sale cancellations and negative attitude. The company said Raspanti was one of those “dead weight” employees. The court ruled in favor of Four Amigos.
It helped Four Amigos that it could show sales and cancellation figures to substantiate its rankings. Plus, it also fired one of Raspanti’s co-workers with similar low sales and negative attitude who had opted out of the FLSA lawsuit. That lent credence to the company’s stated reasons and helped negate any inference that retaliation was at work. (Raspanti v. Four Amigos Travel, No. 07-12137, 11th Cir., 2008)
Final note: In this case, the employer didn’t rely on “negative attitude” alone to justify the discharge. That’s too subjective. Instead, it used objective, verifiable sales and cancellation figures. Plus, the company showed that even someone who had supported its position on the earlier lawsuit, but had a negative attitude, was canned.
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/4552/double-check-discharge-rationale-if-employee-participated-in-flsa-action "
- How to Respond to an EEOC Complaint: 10 Steps to Success
- Immigration reform: States pick up ball U.S. Senate dropped
- Feel free to impose legitimate discipline on employee, even if she's on FMLA leave
- ADA doesn't require promotion as reasonable accommodation
- Looking back at Wal-Mart decision, 7th Circuit limits class actions