Last week, my post was about retaliation, and how employers can be liable and how they can defend themselves. As luck would have it, two recent court decisions illustrate beyond my wildest imagination how important this issue can be.

Five years between protected activity and adverse action? No problem! I said last week that most courts find that a six-month or more time lapse between the protected activity and the adverse employment action generally raises a presumption that the employer did not retaliate against the employee.

They key word here is "presumption." As in, "rebuttable presumption."

In a decision handed down by the U.S. Court of Appeals for the First Circuit last week, the court affirmed a $2MM verdict for a Puerto Rican physician whose contract was terminated five years after his protected activity. The doctor had sued the defendants for age discrimination in 1998, but I no tell that. As those of you who have defended lawsuits know, the wheels of justice sometimes turn at an excruciating pace. In this doctor's case, his lawsuit was still going on as of 2004, and he had been deposed just the day before his termination. He alleged that he was terminated because of his 1998 lawsuit, and because of the deposition.

Please see full article below for more information.