When an employer begins searching for legitimate reasons as a retaliatory measure for the employee's filing or threatening to file a complaint, equity may dictate the employer lose the protection afforded by McKennon, that is, back pay would accrue until judgment. The employer was found to have engaged in retaliation and to have taken an adverse personnel action by the filing of charges. So, conclusions . . . If handled reasonably, adverse actions can be tempered by taking into account prior misconduct, work history, etc. When people are surprised, they have the luxury of blaming you for your unfairness, rather than accepting your proffered reasons for taking an action.
Surprises are strong motivation for lawsuits.
See you in court. Both are members of the Oklahoma, American and Federal Bar Associations. All rights reserved.