| United States federal law prohibits employers | | | | for deficient performance, if you had no prior |
| from discriminating against employees on the | | | | warnings, write ups or discussion about the alleged |
| basis of race, gender, national origin, religion, age | | | | deficiencies, this could be a tell tale sign of |
| and disability. It also prohibits employers from | | | | retaliation. Think of it this way: high turnover is |
| retaliating against employees who report | | | | costly to a business and going through the hiring |
| discrimination to the company, file a discrimination | | | | process and new employee training amounts to a |
| claim with the Equal Employment Opportunity | | | | large expense. Therefore, employers generally |
| Commission or participate in an investigation | | | | don't like to terminate employees if they could |
| regarding allegations of discrimination against their | | | | first fix the performance issues. |
| company. Unfortunately, many employers violate | | | | Were there other employees who had the same |
| these laws and terminate, suspend or demote | | | | deficiencies that weren't disciplined? |
| employees against these retaliation laws. | | | | In retaliation cases, a court not only studies what |
| If your employer has taken some action against | | | | you allegedly did to earn discipline or termination, it |
| you that you believe may be retaliatory, you | | | | reviews the performance and work habits of |
| should consider the following factors to help | | | | employees similarly situated to you at the same |
| assess whether you may be able to legally prove | | | | company. For example, if every employee in |
| a retaliation claim: | | | | accounting made the same kind of error, but you |
| How long have you been with your company? | | | | the only one who complained about discrimination |
| The longer you have been successfully employed | | | | was demoted, that looks suspicious. |
| with your company, the greater the likelihood that | | | | Should have been terminated versus would have |
| your company's claim of a deficient performance | | | | been terminated. |
| on your part is false. Think about it this way. If | | | | Remember, the issue in retaliation cases is not |
| you had twenty years of raises, bonuses and no | | | | whether you should have been fired. Plenty of |
| write ups, then complained about discrimination | | | | employees should be fired, but aren't for a litany |
| and a month later for the first time in your | | | | of reasons. Perhaps the employer isn't in a |
| career, received a deficient performance | | | | position to hire a new employee. Maybe the |
| evaluation, that's a pretty good indication of | | | | employer would rather have a deficient employee |
| retaliation. Compare that with an employee | | | | than take a chance on someone new. Or maybe |
| employed for less than a year with no prior track | | | | the employer was willing to live with an employee |
| record of success with the employer. In the latter | | | | who had some deficiencies as long as he wasn't a |
| case, the employer will likely be in a stronger | | | | trouble maker. The true issue is the reason the |
| position to defend a claim of deficient | | | | employer took the action against you and |
| performance. | | | | whether the employer would have actually |
| What is your company's written record regarding | | | | terminated you, but for your discrimination |
| the alleged performance deficiencies? | | | | complaint. |
| Companies now more than ever are getting | | | | If you believe you have been a victim of |
| savvier about creating a written record regarding | | | | retaliation, it is best to have your case evaluated |
| an employee's deficiencies to lend credibility to a | | | | by an attorney concentrating in this area of law. |
| claim of deficient performance. If your company | | | | Wrongful termination by way of retaliation is |
| suddenly contends that you should be terminated | | | | against the law. |