Don't rest if a discrimination suit against you doesn't claim retaliation from the outset. The employee can usually add it later, if the retaliation is related to the initial complaint. A judge set aside Nancy Clockedile's $129,000 award for retaliation in a sexual harassment case because retaliation wasn't part of her original complaint. The 1st Circuit reinstated it. (Clockedile v. New Hampshire Department of Corrections, Nos. 00-1541 and 00-1578, 1st Cir., 2001)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- EEOC filing isn't last word; lawsuit can add claims
- Lawsuit-proof your HR operations: Document business reason for every decision
- Can I terminate a cashier who just filed for bankruptcy?
- Document your good-faith efforts to implement ADA accommodations process