Shifting explanations doom employer's case to trial

A recent decision by the U.S. 2nd Circuit Court of Appeals (whose rulings apply to all Vermont employers) contains several good lessons for employers. The case emphasizes first and foremost that shifting explanations about the grounds for a termination decision can create significant issues (that is, significant enough to send a case to a jury trial) about whether the explanations are a pretext for an illegal ulterior motive such as discrimination or retaliation. Second, it emphasizes the point, previously made in this newsletter, that retaliation claims are often easier to pursue than the underlying discrimination or harassment claims that spawned them. Read More...