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When an employee complains about discrimination or unethical business practices, there’s often a concern that they’ll construe any subsequent adverse employment action as retaliation.
In a decision I read last night, a Michigan federal judge determined that a company had not retaliated against an employee who was fired not too long after he complained that he witnessed several sales representatives at his company engage in “fraudulent business practices.”
So, how did the defendant avoid the plaintiff’s whistleblower claim?
First, it articulated a documented, legitimate business reason for termination. After the plaintiff blew the whistle, another coworker complained to management that