After years of hard work, a phone call changed an Oregon couple’s future. http://ift.tt/2qnpmJi
This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase. We are taking a break from our multi-part series of commenting on the investigation of Trump’s ties to Russia to address a completely different topic. Retaliation. (Okay, maybe not a totally different topic depending on what really was the reason for Director Comey’s firing).
Law 360 is reporting that a former Giants’ defensive lineman is suing his former employer Home Towne Rx Pharmacy for firing him after he reported that two female employees had allegedly been sexually harassed by one of the company’s executive vice presidents.
At this point, we literally know nothing about the case as we have not even seen the complaint. However, according to the report, the complaint alleges that Leonard Marshall was fired only a few weeks after reporting that the women were complaining of harassment by the executive vice president. It also alleges that the CEO of the company explicitly told Mr. Marshall that he was being fired for raising the complaint and spreading false claims against the other executive.
In my over 20 years of litigating employment discrimination claims, I can tell you that there are always two sides to every story, and sometimes more. Even if the allegation that he was explicitly told that the complaint was the reason for his termination is false, at the least, the timing of Mr. Marshall’s termination should have given the company pause about whether they were justified in terminating his employment and whether that justification could be backed up by anything in writing.
If the allegation is true, the same question about documentation should be raised. For example, if the company did an investigation of the claims of harassment and found that Mr. Marshall and/or the women were making up the allegations, how did the company come to that conclusion? Is it just a he said/she said situation or are there emails, texts, or other documentation that show the claims are false?
There are certainly cases where an employee or witness involved in a harassment investigation lies and a company is thus justified in firing that employee. However, employers should tread very lightly in disciplining the complaining employee or a supporting witness for lying in the investigation. In such cases, if I am counseling a client, I want to see more than it was a “feeling” that they lied. I also want to see more than a bald assertion from the accused that it is all made up lies. (Oh, look at that, maybe we did not take a break from commenting on politics after all.)
At employer forums, employers can get confidential guidance on key workplace issues. http://ift.tt/2rtG3r1
Understanding mental wellness, both in the workplace and in everyday life, can help everyone achieve a healthy balance. http://ift.tt/2qWKRW1
Working his way through college and struggling to make ends meet, Cameron Meyer found a new path with an apprenticeship. http://ift.tt/2qWcoal
blog-20170512-mom.png Fact: Seventy percent of mothers with kids under the age of 18 are in the labor force. We at the Department of Labor’s Women’s Bureau work every day to support all women in the workforce, and that certainly includes the hardworking mothers of our country. In celebration of… http://ift.tt/2qAmg9y
Apprenticeship is a winning workforce development strategy for companies. http://ift.tt/2pCxRAL
An apprenticeship changed the lives of Charina Canete and her family. http://ift.tt/2q3x0w8
Apprenticeship is a winning workforce development strategy for companies. http://ift.tt/2qrxr4o
Paragon Contractors Corporation illegally employed underage workers at the Southern Utah Pecan Ranch between 2008 and 2013. http://ift.tt/2q0ga12