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Ban former employee from premises; it’s not retaliation

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in Discrimination and Harassment,Employment Law,Human Resources

How do you handle a former employee who wants to come onto the premises and speak with other employees about her pending lawsuit? You can ban her.

Recent case: Michelle Amorosi sued the Methodist Hospital and Aramark for alleged disability discrimination after she was fired.

Then Amorosi showed up in the hospital cafeteria to speak with one of her former co-workers about her lawsuit. She was escorted off the premises by guards and a manager who announced that she was not allowed on hospital grounds because she had sued them.

She then added retaliation to her lawsuit.

But the court tossed out the additional claim, reasoning that no reasonable employee would forgo a discrimination lawsuit for fear she might be escorted off the premises months after no longer working there. (Amorosi v. Molino, et al., No. 09-1223, ED PA, 2010)

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