EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

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Ending the employment of an employee who has recently engaged in protected activity is likely to have a chilling effect on other employees’ likelihood of engaging in similar actions, though that effect may be lessened where serious work performance issues justified the employee’s termination. (p. 30.) While there may be instances when an employer’s established defense to retaliation does not defeat an independent interference allegation based on the same underlying facts, that was not the case here. The harm caused by releasing an employee from probation shortly after he engaged in protected activity is outweighed by the employer’s right to release an employee from probation for serious work performance issues. (p. 31.)