Employment law has developed into a gold mine for a few lucky people and their attorneys, resulting in increasing claims against employers and making employment practices liability insurance a mandatory coverage. One of the claims employers face is retaliation, and employers may be surprised to find that retaliation may be prohibited in certain cases. An article by law firm Troutman Sanders is an excellent review of retaliation exposure that employers may face (see here). The article talks about a crusading employee situation that the employer may want to stop through termination, but points out that there are situations where termination may be prohibited.
Employers need to recognize when potentially disruptive crusading by an employee might constitute protected activity under one or more statutes prohibiting retaliation in the workplace.
Employers do not always recognize the risks that termination may create, and a conversation with their employment counsel prior to a termination can prevent a claim.
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