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Chapter 13. I Fought The Law and …? > The Disciplinary Prophylactic - Pg. 134

I Fought The Law and ...? 134 Employee Handbook A whistle-blower is someone who exposes illegal or dangerous practices in the workplace. Some governments offer protection against dismissal if a person speaks out. Similarly, some jurisdictions prohibit disciplinary action that is retaliatory in nature. For example, if an employee consistently speaks out about what he or she sees as sexual harassment, the employer cannot retaliate for that speaking out. Neither can an employer terminate an employee for partici- pating in any investigation or proceeding under the relevant statutes. Again you may be saying, "How does this apply to my situation?" It comes down to this. Whether the difficult employee wants to use employment equity laws or whistle-blower statutes or any of the preceding, it is going to be up to you to demonstrate that the employee wasn't disciplined for any of those reasons, but was disciplined for bona fide performance problems. In effect, it doesn't always matter what's true. What matters is what you can prove it to the body or person judging the action.