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Retaliatory Discharge
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An employee who was fired after she complained that her manager was illegally discriminating against job applicants may not sue her employer for retaliatory discharge. Though the employee did engage in a protected activity, the court determined that she was fired by an upper-level supervisor for misuse of the company’s computer system. The court found that the supervisor had no knowledge of the employee’s complaints [1] and that the timing was coincidental. (Lakeside-Scott v. Multnomah County, U.S. Court of Appeals for the Ninth Circuit, No. 05-35896, 2009)


An employee who was fired after she complained that her manager was illegally discriminating against job applicants may not sue her employer for retaliatory discharge. Though the employee did engage in a protected activity, the court determined that she was fired by an upper-level supervisor for misuse of the company’s computer system. The court found that the supervisor had no knowledge of the employee’s complaints [1] and that the timing was coincidental. (Lakeside-Scott v. Multnomah County, U.S. Court of Appeals for the Ninth Circuit, No. 05-35896, 2009)


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Source URL: http://www.securitymanagement.com/article/retaliatory-discharge-005817

    
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[1] http://caselaw.lp.findlaw.com/data2/circs/9th/0535896p.pdf