In the new age of the whistleblower, an employment lawyer who one day advises on a routine employee discipline or discharge may the next day find him- or herself directing a multi-disciplinary investigation of alleged corporate malfeasance, guiding a team of forensic accountants, private investigators, and public relations experts.
Employment lawyers have long understood that they need to look behind complaints that an employee has a “bad attitude,” since a nonspecific, highly subjective criticism of this nature may not tell the whole story. In determining the risk of taking disciplinary action against an employee — and particularly with regard to an employee who is protected by the array of federal, state, and local employment discrimination laws — we look for objective information that evidences specific difficulties with the employee’s job performance. With only an amorphous claim about “attitude” and without solid, objective evidence, there is a risk that the employee may be able to claim that the real reason he or she is being disciplined is his or her protected status, not job performance problems.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
