When situations of an inappropriate nature occur in a Texas workplace, employers may react in different ways. When adverse employment action is exercised, a victim may suffer unjust consequences for a situation over which they had little to no control. Although employee transfers may be the best option to solve a difficult work environment and protect integrity, an employer who inflicts adverse employment action while doing so could face serious consequences.
When a worker submits constant complaints or instigates formal investigations into a workplace grievance, the company may feel it is in the best interest of the workplace to transfer the employee. A transfer that involves retaliation from an employer to injure or dissuade a worker from making further complaints can sometimes occur. This could be through a decrease in pay or benefits, title demotion or job description and responsibilities.
An employee who is required to work with a person who has harassed them in the past may feel uncomfortable or question the enforcement of workplace boundaries. This company enforced decision may place them in an uncomfortable situation with their past perpetrator or remove them from their rightful position in an attempt to pacify the situation. Company retaliation can be difficult for a worker who is fearful of losing their job.
A fair and equal position transfer may be an appropriate response to a complex problem within a specific workplace for those involved. However a Texas employer that injures a worker through adverse employment action could be at risk of exposure if the victim chooses to pursue justice. A person who has suffered damages to their professional reputation or job position may choose to take action against the responsible party.
Source: businessmanagementdaily.com, "Merely transferring employee to same or similar position isn't grounds for lawsuit", , May 6, 2014