The NY Times reports that a whistleblower lawsuit was fully dismissed against Infosys. The whistleblower is an idled Infosys employee working in the US who reported H1-B visa fraud and was subsequently denied promotions, demoted, and eventually idled. After the internal report to his supervisors, the whistleblower plaintiff received at least five threats.
While these facts may succeed in Illinois, the judge in Alabama found that their state law did not support a retaliation claim. The standard in Alabama is that the retaliation must be “so severe that no reasonable person could be expected to endure it.”
While these facts may succeed in Illinois, the judge in Alabama found that their state law did not support a retaliation claim. The standard in Alabama is that the retaliation must be “so severe that no reasonable person could be expected to endure it.”
In Illinois, there is a common law action for retaliation as well as federal law protecting workers from blowing the whistle on illegal behavior. Illinois common law retaliation, like in Alabama, only applies to certain stringent, narrow grounds including reporting illegal conduct and participating in the investigation (providing testimony) and participating in protected activities under a collective bargaining agreement.
Employment law attorneys can help anyone dismissed, demoted, or otherwise facing an adverse employment action figure out whether they have a valid claim. The first step any employee should take is, within 180 days of the adverse employment action, contact the EEOC and file a charge against your employer. Contacting an employment law attorney before filing your EEOC charge can help, but it is not required.
Employment law attorneys can also help companies craft employment practices that minimize liability and promote employee productivity. Companies should know their rights and how they can conduct at-will or contract employment to ensure that they can quickly and cheaply fend of lawsuits at the dismissal stage.
Employment law attorneys can help anyone dismissed, demoted, or otherwise facing an adverse employment action figure out whether they have a valid claim. The first step any employee should take is, within 180 days of the adverse employment action, contact the EEOC and file a charge against your employer. Contacting an employment law attorney before filing your EEOC charge can help, but it is not required.
Employment law attorneys can also help companies craft employment practices that minimize liability and promote employee productivity. Companies should know their rights and how they can conduct at-will or contract employment to ensure that they can quickly and cheaply fend of lawsuits at the dismissal stage.
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