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Coincidental timing alone does not make a retaliation claim

by on
in Employment Law,Human Resources

Sometimes, employees think they can save themselves from being disciplined by making a fuss about possible employer wrongdoing. They assume that whistle-blowing will protect them from being fired, for example, because their employer’s timing will look suspect.

Smart employers don’t fall for this. Instead, they make certain they have good, fair and solid reasons for whatever disciplinary actions they take. They sleep soundly knowing it takes more than just suspicious timing to win a whistle-blower retaliation lawsuit—and that they have evidence on their side.

Recent case: Kevin Noyes was discharged about five months after he claims to have blown the whistle on his employer. But Noyes had nothing to tie the discharge to his protected whistle-blowing activity. Timing alone isn’t enough. (Noyes v. American Tissue Services Foundation, No. 08-1445, 8th Cir., 2009)

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