Timing may not be enough
When you are terminated from your job or experienced some form of adverse employment action (whether it be demotion, disciplinary action, or hostile work place), you may take at the possibility that these actions may be in response to something else.
In other words, if you have done something you were legally permitted to do or you are a member of a protected class (i.e. race, sex, age, etc.), you may consider the possibility that you were retaliated against by your employer.
However, retaliation is sometimes very tough to prove. The first portions of the analysis may be easy. Part 1 may require you to demonstrate that that you were conducting an activity that was legally protected (like participating in an investigation or refusing to do something illegal). Part 2 may require you to demonstrate some adverse employment action (like getting demoted or fired). Those two parts are usually the easiest. The hardest part is the last part where you must demonstrate that there is a causal link between the two. Now, after you’ve laid out your theory, the employer has the chance to come back and say “Hey, I had a legitimate reason for doing what I did”. Then, the ball is back in your court. You have to prove that the employers actions were pre-textual. In other words, you gotta show that the adverse employment action was done in an attempt to retaliate against you for your actions.
One thing that courts may take into consideration is timing. In other words, courts will look at when you did something and how soon after the action did the adverse employment action occurred. Alot of times, people get pumped up because they think that if something bad happens within a short period of time, this information will solidify their case and slam dunk the employer.
However, you gotta keep a few things in mind when looking at timing:
1) The longer the time, the tougher the case. The longer the time period elapses between the protected activity and the adverse employment action, the more difficult it is to prove a causal link. In other words, if you complain of sexual harassment in 2002 but nothing happens to you until you get fired in 2007, you are going to have a tough road to prove the complaint is tied to the firing.
2) You better keep clean. If you were a problem child before and the employer documented this before and they continue to document that you are a problem child, you may have a hard time distinguishing between the employer’s retaliation and the employer merely documenting your behavior.
3) No magical time. Always remember that timing is added factor that courts can consider. however, timing is not enough by itself to automatically slap culpability to the employer. it can be extremely persuasive but it is NOT an automatic win.
It’s important that you take the opportunity to talk to your attorney before moving forward so that you can get a true appreciation of how ‘timing’ may play a role in your case. You don’t want make too much out of your situation if there is really nothing there.
It’s hard to be objective about your job
You know, it’s HARD to be objective about your job. We all think that we are either doing a great job or our boss just doesn’t understand us. Well, that may not be what we ALL think! LOL. However, the simple thing is this, we take our jobs very personally.
We REALLY take our jobs personally when we get fired. Aside from the loss of loved one, losing your job is truly a devastating and traumatic event. Now, it’s different if you were layed off due to tough financial times or you quit due to a better opportunity. Those situations are different because if you’re layed off, you’re one of alot of people in the same boat. If you quit due to a better situation, you did it on your own terms.
However, if you get fired or constructive discharged (i.e. your job sucked so bad due to the harassment, hostility and discrimination that you had no choice but to quit), it is ON and POPPIN! To lose your job is almost like losing a part of your identity.
Think I’m being melodramatic? Feel me on this one. When you work, you bust your butt to develop a good product or good service. You take pride when you get good feedback. You are happy when you get a positive evaluation. You are excited to see your growth. Any time some one fires you, you instantly take it personal. The employer is not merely firing you. The employer is slapping you in the face. The employer is telling you that YOU are not good enough. The employer is telling you that YOU were inadequate.
And what about when you are in the streets? Doesn’t it sting to tell people that you were fired? Don’t you worry that people are going to look at you ‘cock eyed’? Are they going to think that you’re a bad apple? And how are you going to explain this to future employers??
Now, it doesn’t matter that these things that I just said may not be true at all! It could be that your work performance wasn’t up to the company standard. However, that doesn’t make you a bad worker. It could be that you had a personality conflict. That doesn’t you a bad person. And let’s be real. You can easily explain that you had a philosophical difference with the company. Maybe you were desirous of leaving and your work productivity unfortunately slipped! You can’t let it get to you.
Even if they DID take advantage of you, you got to be cool as a cucumber! Everyone is going to expect you to get straight LIVE and JIGGY but you don’t want to give them the satisfaction. As I’ve stated in other blog posts, your ability to be cool under fire makes your credibility that more believable.
Listen, we’ve all heard the phrase “Business is Business” but the simple fact that our jobs have such a connection to our finances, our family, our future, and our life. When someone takes it upon themselves to disrupt that job, you will lose your objectivity.
Keep it cool and you will come out infinitely ahead in the long run.
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