Beware desperate ‘whistle-blower’: Document reason for firing to stop retaliation claim

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in Employment Law,Firing,Human Resources,Leaders & Managers,Management Training

Employees are often quite sophisticated about their legal rights—especially when they suspect their jobs may be on the chopping block. When they think of the lawsuit possibilities, they may even try to set up their employers. One easy way
to get a case going is to blow the whistle on alleged wrongdoing.

Here’s why it just might work: The Texas Whistleblower Act includes a very interesting provision. It states that when an employee is fired within 90 days of a whistle-blowing act (such as reporting alleged wrongdoing to a state or federal agency), it’s up to the employer to prove it had a legitimate reason for the discharge.

In other words, the court will presume it is retaliation to fire a whistle-blower within 90 days of making an allegation.

It doesn’t take too much imagination to see that an employee in trouble at work might want to report “wrongdoing” to an agency in order to create a presumption he was fired i...(register to read more)

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