Employees Cannot Be Fired For Filing a Lawsuit – Even Three Years Later

A court ruling suggests there will be little tolerance if an employer in any way retaliates against an employee filing a lawsuit. The court confirmed that employees may not be fired for filing a lawsuit – even if the firing takes place three years later and with no direct evidence of retaliation.

In Travers v. Flight Servs. & Sys., Inc., Travers sued FSS for failing to pay wages. The CEO threatened Travers and warned him to drop the case, and three years later the company fired Travers for soliciting tips. While there was no direct evidence that the CEO fire Travers for bringing the law suit, it was clear that there was some connection between the two: after all, it was the CEO who made the threats, and other people in the company might have known how he felt about Travers.

Why is it important that employers refrain from retaliation? Because retaliation suggests bullying; it discourages employees from taking action; and it denies employees their rights. The court’s decision will help employees, because it shows that direct evidence is not required to prove retaliation.

If you have been fired for bringing claims against your employer, call us to discuss your rights.