Monday, April 21, 2008

No Liability for Retaliation

Federal and state laws protect employees from any form of retaliation from their employers after reporting an alleged wrongdoing such as harassment or discrimination. The protection clause remains in effect even after the case has been dismissed or was proven to have no merit whatsoever.

I think that every employee has the right to report their superiors who are abusing their authority. Employers do not have the right to discriminate their employees because of disability, age, race, sex, or color. They should not be judged based on these aspects but on their job performance. Federal and state laws provide sanctions to employers who will discriminate or terminate their employees.

In my opinion, it would be unfair to dismiss an employee who is doing a good job in the first place just because they are black, disabled, or a woman. Every employee should be given a chance to prove themselves worthy of their positions. So unless the employee is really doing a terrible job, employers cannot use their authority to fire an employee without due process. This means that the employer should give the employees a chance to defend themselves.

If there is valid ground and the employee is not doing what is expected of him, then they can recommend the removal of the employee. But beyond that, they should be given a chance to freely exercise their right to work even though they are handicapped.

Employers should provide their employees an avenue for airing their grievances. Otherwise, it could be another valid reason for employees to report their employer.