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Actions that might be considered retaliatory

| Mar 11, 2015 | Employment Litigation |

Many Michigan workers feel as though they have been treated unfairly by their bosses. In some cases, these individuals wish to take legal action against their employers. Whether this should be done, however, depends on many factors. Litigation is far from simple, so when faced with lawsuits, employers should keep the following guidelines in consideration.

In general, there is nothing illegal about firing an employee for not doing their job properly. There can, however, be legal ramifications if an employer fires an employee or otherwise retaliates against them for complaining about discrimination. For example, if a worker is suspended or made to do work that is demanding because of a complaint that was filed against an employer, that employer may not fare well if taken to court.

It may not always be wise for an employee to sue his or her employer. If an employee wants to have a successful case, they should be able to show that they suffered an adverse employment action for engaging in a kind of protected conduct, such as filing a complaint for sexual harassment or exercising another kind of legal right. This adverse employment action does not have to be termination; it could also be getting a cut in pay, being demoted or becoming the victim of a wide array other potentially negative actions.

When an employer is facing litigation from an employee, regardless of the reason, it might be important to consider all the possibilities and consult a legal professional n. To avoid having to deal with any kind of litigation in the first place, employers might take all discrimination complaints seriously, have firm guidelines against discrimination and make it clear that disgruntled workers should never be retaliated against. An attorney could provide guidance on some of these guidelines and behaviors before action takes place.