Suspension becomes a termination, which becomes retaliation

When an employee responded to a suspension notice by sending an e-mail stating simply, “I sue,” his employer fired him. Unsurprisingly, he sued, and an appeals court found his termination was retaliatory.

Facts

Nityanand Gupta was the medical director of Green River District Health Department from 2005 to 2010. Between 2005 and 2008, he received reviews rating him as effective and competent.

Things changed, however, when Debbie Fillman became the public health director in 2008. Her first evaluation of Gupta rated his performance as less than effective and competent and borderline “needs development.”

In September 2009, Fillman issued Gupta an admonishment. After he refused to sign it, she noted that “he knew which direction this is going [and] needed more time to formulate a response.” In October, she also rated his performance as less than satisfactory.

In a letter dated February 17, 2010, Fillman notified Gupta that she intended to suspend him for three days and listed various reasons. He responded on February 19 by sending her an e-mail stating simply, “I sue.” Three days later, she notified him he was being terminated and listed the same reasons she had listed in her letter informing him he would be suspended.