Your right to fire.
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Managers in the United States, acting in anger, indignation, frustration, or even error, fire many capable employees every year. In some of these cases, the managers act unfairly. Perplexing questions arise when the story of an unjustified discharge catches the public's eye. Does an organization have an obligation to manage equitably as well as efficiently? It is conceivable that every man and woman has a right to a job, and, if so, is this right a factor that managers must weigh in deciding to lay off an employee who doesn't "fit in"? The employee in this case "Adrian Reese," is an outspoken health official who irritates the city manager and members of the "Marshall City" board of health. Like most HBR cases, this is based on a real situation. As the problem unfolds, readers may find the circumstances and the characters familiar. And yet they may be surprised at the outcome, as truth is stranger than fiction.
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Section 704(a) protects employees who engage in activity aimed at remedying employment practices they believe to be unlawful. Such activity may take the form of participation in governmental investigations or proceedings, or expressing opposition to an employer's practices through internal complaints to management, circulating petitions among employees, directly challenging an employer's affirmative action plan, etc. As the Ninth Circuit's recent Crown Zellerbach decision demonstrates, employers must proceed with caution before taking disciplinary action against an employee who engages in arguably protected 704(a) activity. The following article discusses employee activity protected by section 704(a) and examines various employer defenses and concerns in a retaliation case.
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