Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.
Recent case: Deborah Gardner worked for Aviagen, starting as a chicken talon remover and progressing to a warehouse position where she loaded eggs and did light clerical work.
Gardner complained about sexual harassment. Shortly after, she was told she had to transfer to a clerk position that required computer skills. Gardner saw the move as a set-up to fail. She refused and was fired.
She then sued, alleging retaliation. The court said a jury should decide whether the transfer was retaliation based on Gardner’s lack of relevant skills and desire to stay in the warehouse. (Gardner v. Aviagen, No. 10-15821, 11th Cir., 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Supreme Court rules on acting capacity of government officials
- Courts won't second-guess honest business decisions
- Alcoholism: a disability; drunkenness: a firing offense
- Employee works despite FMLA leave? That's not your fault--nor FMLA interference