Defending against adverse employment action justifications

Defending against adverse employment action justifications

On Behalf of | Mar 15, 2022 | Discrimination |

Racial discrimination in the workplace often results in a negative employment action. This action, whether it be demotion, reassignment, or termination, often comes after a complaint has been levied. Yet, despite the complaint, the employer typically argues that its adverse employment action was based on some non-discriminatory justification. With that in mind, if you want to increase your chances of succeeding on your claim, then you need to be prepared to defend your work record.

How to defend against bogus justifications

Fortunately, there are some concrete steps that you can take here to protect your interests. Consider doing each of the following to best position yourself to counter your employer’s claims:

  • Retain your performance appraisals so that you have proof that you haven’t been disciplined or even put on notice of the actions that allegedly led to the negative employment action
  • Keep all written communications that are complimentary of your work
  • Secure attendance logs that show that you consistently showed up to work when you were supposed to and that you did so on time
  • Talk to coworkers who may be able to testify as to your job performance and other aspects of your work

Be thorough in preparing your claim

To position yourself for success on your workplace discrimination or wrongful termination claim, you have to think through every angle that the defense may take. So, take the time needed to really assess the work that you provided for your employer and how it may be misconstrued or taken out of context to be used against you. Then, you can focus on gathering the evidence that you need to counter those arguments, which will maximize your ability to win your case and recover the compensation to which you’re entitled.