Image of Is a threat to take a disciplinary action an adverse employment action?

Is a threat to take a disciplinary action an adverse employment action?

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Yes, a threat in response to protected activity can constitute retaliation.  See Stallard v. Norfolk Southern R.R. Co., ARB No. 16-028, ALJ No. 2014-FRS-149, slip op. at 8-9 (ARB Sept. 29, 2017); Vernace v. Port Auth. Trans-Hudson Corp., ARB No. 12-003, ALJ No. 2010-FRS-018, slip op. at 2 (ARB Dec. 21, 2012).

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Avatar of Jason Zuckerman

Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.