|Dec. 15, 2018 | www.fisherphillips.com|
She also complained that the desk managers are always hitting on her, talking about sexual topics, and looking at porn on their phones. Your first thought is that Jane only complained because she knew she was about to be fired. After all, given how much she talks about sex at work and the language she uses, there is no way she was offended.
Should you go through with the termination – or put the brakes on? Can employees anticipating or expecting disciplinary action protect their jobs by engaging in protected activity before the ax falls? Maybe. Even though you have the right to take legitimate disciplinary action, doing so around the time an employee engages in “protected activity” creates a significant risk of giving rise to a retaliation claim.
Our advice? Use caution.