Employees in the middle of aprocess 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 whendecided 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)