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Employee fails to prevail in wrongful termination suit

When an employee endures harassment and discrimination, the employee typically goes to the company's human resources department. Typically, the human resources department is trained to detect harassment and retaliation and can hopefully cure the issue and potentially prevent wrongful termination or a hostile workplace.

Although the human resources department can be in charge of fixing potential employment harassment and retaliation, the irony is that employees in the human resources department in a Kansas company were the ones who were forced to endure the employment violation.

The former director of a human resource department, in a company outside of Kansas, has filed a lawsuit against her former employer for retaliation and wrongful termination. The lawsuit comes after the employee's previous 20 years of employment with the company.

The claims of retaliation and wrongful termination stem from the employee's termination in June of 2010. The employee claims her termination was the result of her testifying in a lawsuit that was filed against the employer. In addition to her testimony, she also prompted her employer to comply with the related court order to provide workplace training, which she relates to her termination.

The presiding court recently made a determination on the former employee's case. The court determined the employee failed to provide sufficient evidence to establish her claims of retaliation and wrongful termination. The court granted the employer's motion for summary judgment and the case was finalized.

Employment-based lawsuits usually involve potentially complex scenarios and require specific evidence to meet the legal standards required to prevail. An experienced attorney can review an employment scenario and put together the best case for a wronged employee.

Source: TC Palm, "Fort Pierce wins first legal battle with fired HR director," Paul Ivice, Sept. 14, 2012

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