The human resources manager for the defendant in the recent Texas Court of Appeals case of A&L Industrial Services, Inc. v. Oatis, apparently never took this course.  Largely because of his actions, the plaintiffs-former employees who were terminated-were able to convince a jury not only that they were retaliated against for complaining about discrimination, but also that they were entitled to punitive damages.  What is somewhat surprising is that the appellate court upheld these findings in spite of the fact that the plaintiffs failed to prove their underlying discrimination claim.

When investigating pre-suit allegations of discrimination, we always remind our clients not to take any action against the complaining employee that could be construed as retaliation.  We often explain how it is possible for an employee to have a meritless claim of discrimination, but a valid claim of retaliation.  This case is but one example of how that can be.>>Click Here to Find Out Where the HR Manager Went Wrong<<