Workplace advice: Here’s what to know about retaliation claims and the likelihood of prevailing in a court of law or before a regulatory commission.
I’ve known for a long time I needed to fire our company’s operations manager. I hired her because she’d run her own successful business, presented herself well and had skills I lacked. Initially, her hire seemed a smart decision, and I turned over a lot to her. She refined and oversaw systems and handled day-to-day decisions, freeing me up to handle big picture issues and work with clients and key external stakeholders.
By the next morning, other employees threatened to resign. I did what was necessary and fired the operations manager. I didn’t expect what came next — a letter from the operation manager’s attorney alleging I’d fired her in retaliation for complaining about safety problems related to our antiquated heating and ventilation systems. He attached copies of three emails she’d sent me during the prior five weeks.
By your account, you let your operations manager run roughshod over others. Also, you forgot that someone who fiercely attacked others might someday turn that attack energy on you.Here’s what you need to know about your operation manager’s retaliation claim and the likelihood she can win in a court of law or before a regulatory commission.
To prove retaliation, your operations manager needs to prove she engaged in a protected activity ; suffered an adverse employment action ; and the adverse action resulted from her protected activity.
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