The Employer’s Legal Advisor

The Troublemaker

Unfortunately, troublemakers may have some form of legal protection. A troublemaker’s protests may not be subject to discipline if she purports to be protesting some form of illegal discrimination such as race, sex, or religious bias, if she claims there are occupational health and safety violations, or if she is engaging in so-called “protected concerted activities.” She may be subject to discipline, however, if she crosses over some line by her conduct, but that crossover point cannot be easily determined in advance. When an employee action purports to be in protest of something the company has allegedly done or failed to do, that is your signal to seek legal advice to determine if there is any likelihood of legally protected ...