Seven strikes, and this employer is out - JD Supra
Almost everybody seems to hate Human Resources. Not I. One of many things I appreciate about HR is the number of times they step in and stop their bosses and colleagues from doing something that sounds great in theory but will be a legal disaster in actuality.
Here’s a case where HR didn’t intervene enough, possibly because it may have been hindered by higher-ups. The result? Seven strikes for the employer.
The windup . . .
Our plaintiff (we’ll call him Robbie) was the Director of Nursing for a medical staffing company. Robbie was from Kenya. He also had cancer, but he was apparently able to work and had never received any disciplinary action.
One day in May 2023 (the timeline is important here), the Chief Executive Officer allegedly met with Robbie and told him to fire some people. Allegedly because one was too old and because the others had “accents.”
Robbie said he wasn’t going to do that. As a result, he claims, the CEO stopped replying to his emails. Robbie was also allegedly excluded from meetings and “belittled.”
He made an internal complaint to the Chief Operating Officer. Afterward, the CEO told him that he was aware of the complaint and that “it will come back to bite you.”
Then, in June 2023, Robbie’s annual compensation was reduced by $20,000. He was told that it was because the company was “bleeding money.”
During late summer and fall of 2023, Robbie asked for a couple of days off to see the doctor for his cancer. The CEO allegedly told him that he needed to...
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