Employment Law Questions? Ask an Employment Lawyer.
No the employer cannot. It is a textbook case of retaliation and employee may pursue a claim.
It often is first pursued with HR directly by employee or by a lawyer before considering more serious steps such as labor board, eeoc, and court action.
Make sure to have documents and records to confirm the chronology of events in a clear fashion. Kindly let me know if the answer is fast and clear.
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