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  1. #1
    Join Date
    Jul 2017
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    Default Can You Fire an Employee Based on Suspicion That She May File an EEOC Complaint

    My question involves labor and employment law for the state of: California

    If you can sense an EEOC charge coming, can you fire the employee before you actually receive the charge? In doing so, could this still be considered retaliation?

  2. #2
    Join Date
    Mar 2013
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    17,143

    Default Re: If You Feel an Employee is About to File an Eeoc Charge, Can You Fire Them

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    My question involves labor and employment law for the state of: California

    If you can sense an EEOC charge coming, can you fire the employee before you actually receive the charge? In doing so, could this still be considered retaliation?
    That would pretty much guarantee that you lose the EEOC case and pay lots of money to your former employee.

  3. #3
    Join Date
    Oct 2014
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    7,412

    Default Re: If You Feel an Employee is About to File an Eeoc Charge, Can You Fire Them

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    My question involves labor and employment law for the state of: California

    If you can sense an EEOC charge coming, can you fire the employee before you actually receive the charge? In doing so, could this still be considered retaliation?
    If you fire an employee because he or she files an EEOC charge or because you believe the employee will file a charge that is illegal retaliation under federal law. Don’t do it. If you have not illegally discriminated against the employee you should not have any problems with an EEOC complaint. And if you have had such problems, firing the employee to try to head off an EEOC complaint will only make it worse.

  4. #4
    Join Date
    Feb 2008
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    1,138

    Default Re: If You Feel an Employee is About to File an Eeoc Charge, Can You Fire Them

    agree with the others. I would only fire for (very very very well) documented good cause for issues that have spanned time (rather than something that happened just yesterday) unless it was gross misconduct. Otherwise, there is no way I would touch termination with a 10 foot pole.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,077

    Default Re: If You Feel an Employee is About to File an Eeoc Charge, Can You Fire Them

    That would be about the DEFINITION of retaliation.

  6. #6
    Join Date
    Jul 2017
    Posts
    2

    Default Re: Can You Fire an Employee Based on Suspicion That She May File an EEOD Complaint

    Thanks for the replies, I guess? I'm not sure why the question has changed to specify "she", as my original question was gender neutral.

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