It is often hard for employers to know how to handle employees who have pursued action against them. On one hand, there are protection laws that ensure employers do not adversely react to employees who act within their rights. Nevertheless, those employees still must be held to certain company standards.
One of the world’s largest delivery services, UPS, recently found itself trying to strike a balance in this area. A man had worked for UPS as a labor manager and pursued a race discrimination grievance against the shipping and logistics company.
Roughly one year later, the employee found himself demoted and faced a performance improvement plan set forth by the company. The man sued UPS, citing retaliation and racial discrimination.
The 8th US Circuit Court of Appeals ruled in favor of UPS, primarily because the demotion occurred nearly one year after the man took part in what is known as “protected activity.” In the same vein, a fitness instructor in Philadelphia won her case against her employer as she was fired only hours after filing a complaint.
Employment law is a difficult area to navigate as both sides have a certain list of rights guaranteed to them by existing laws. Employees are protected against discrimination and retaliation if they take legal steps against the companies they work for.
However, those employers are protected against employees filing frivolous claims against them and then not fulfilling their job obligations. Having a lawyer who is well versed in the employer side of employment law is critical for a company’s long-term success.
If you are an executive, small business owner or someone in a position of authority within a company, it’s vital that you work with an attorney who can guide you through the process of employment law. If there is a claim filed against you, a lawyer may gather facts about all the incidents involving the concerned parties, get statements from others and then direct you on how to best proceed within your rights.