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Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!

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The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look.

Indeed, the tighter the temporal proximity between the two events, the more likely the employee will perceive that the employer retaliated against them for their complaint.

But.

I read a commonsense Ninth Circuit decision last night in which a three-judge panel affirmed a lower court’s entry of summary judgment in favor of the employer in an action brought by an employee alleging Title VII retaliation following his termination. Indeed, just 56 days—less than two months—separated his discrimination complaint and termination of employment.

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