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Employment Law Blog

Thursday, January 21, 2016

Have You Been Written-Up After Complaining of Discrimination?

Many employers have learned that before terminating someone, they should create a paper trail of so-called performance issues. However, just because you have write-ups or negative evaluations does not automatically mean that your employer has the right to terminate you. If you complained of discrimination or harassment before the negative reviews or write-ups, you may still have a retaliation claim. This is what occurred in the case of Smith v. Mayo in Minnesota, where the employee was put on a performance improvement plan (PIP) and written-up for attendance issues after complaining of race discrimination. The Court found that even though the employer had documentation of alleged performance problems, the timing of the PIP and write-ups, coming after the discrimination complaint, allowed the employee to go forward with her claims. 





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