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Short-circuit desperate employee’s lawsuit by tracking every step of disciplinary process

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in Employment Law,Human Resources

Employees in the middle of a progressive discipline process often try to come up with a way to forestall what they see as their inevitable termination. That often involves complaining about some form of discrimination. They assume that by filing a complaint, they can stop the progressive discipline process or lay the groundwork for a retaliation claim.

Smart employers prepare for such a strategy by keeping careful records. Tracking exactly when management decided to issue discipline may show the decision had already been made or was in progress when the employee complained about discrimination. That short-circuits retaliation allegations.

Recent case: Thomas was an assistant manager at a plasma collection facility. The other assistant manager was a woman. Both had the same supervisor.

The employer used a system of progressive discipline. Thomas received a series of disciplinary actions beginning soon after a new supervisor a...(register to read more)

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