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Can You Fire an Employee for Threatening to Sue?

Daily Legal Briefing by Daily Legal Briefing
February 8, 2022
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Can You Fire an Employee for Threatening to Sue?
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The main thing to remember is that this situation is really out of your control if one of your employees is intent on taking legal action.


The last thing you want is for your employee to threaten a lawsuit. Times are already difficult, and businesses in Columbus face challenges from all angles. A lawsuit can be financially draining, time-consuming, and incredibly stressful. It might be tempting to simply fire the employee who has threatened legal action and forget all about it. But does this really help the situation? Will it make things worse?

Before you make any rash decisions, it’s always a good idea to get in touch with a qualified, experienced sexual harassment defense attorney near me. With help from one of these legal professionals, you can strive for the best possible results in a confident, efficient manner. As soon as you become aware of a potential lawsuit, book a consultation. Your attorney can recommend the best course of action and guide you forwards. 

Firing Your Employee Could Constitute Retaliation

Although it may be tempting to fire your employee if they threaten legal action, you need to resist the temptation. According the EEOC (1), this can constitute retaliation. Retaliation is illegal, and it occurs when an employer takes punitive action against one of their employees for speaking out about discrimination. Since sexual harassment is a form of gender-based discrimination, you would be committing retaliation if your fire your employee. 

How to Proceed

Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.
Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.

The best way to proceed is to take this situation seriously and cooperate with investigating authorities. The investigating authority will probably be the EEOC, although the police may also get involved if legitimate sex crimes have taken place. You should issue a document or a written response stating that you have received the report of sexual harassment, and that you are ready to cooperate with the authorities. The EEOC’s Policy Guidance documents (2) provide greater detail on what to expect from a sexual harassment investigation. 

It’s Out of Your Hands

The main thing to remember is that this situation is really out of your control if one of your employees is intent on taking legal action. There’s nothing you can do except step back and let the legal system do its job. Keep in mind that the EEOC is supposed to be impartial and unbiased, which means that they do not take anyone’s side. If there is no evidence of sexual harassment in your workplace, you will not face any notable consequences. 

Where Can I Find a Columbus Harassment Defense Attorney Near Me?

If you’ve been searching Ohio for a lawyer who can defend your company against employee lawsuits, there are plenty of options available. Team up with one of these qualified professionals in Columbus, and you can deal with this troubling situation without unnecessary issues. Firing your employee will only make things worse, so it’s best to go through the necessary legal steps alongside your attorney. Book your consultation today to get started. 

Sources:

  1. https://www.eeoc.gov/retaliation
  2. https://www.eeoc.gov/laws/guidance/policy-guidance-current-issues-sexual-harassment



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