Author Archives: David Y. Trevor

David Y. Trevor

About David Y. Trevor

With 30 years’ experience in Dorsey’s Trial Department and Labor & Employment Group, David has worked on a wide variety of litigation, arbitration and appeals, at all levels and at all stages of the case. Whether trying a case himself, working as part of a larger team, or writing and arguing appeals, David’s two goals are (1) to make sure the client understands the risks – and potential rewards – in any given litigation; and (2) to obtain the best possible result. David also believes strongly that all clients, from the largest corporations in the world being sued for a billion dollars to a pro bono individual trying to recover a few hundred dollars, are entitled to Dorsey’s very best service.

Quirky Question #284: If a tree falls in the forest and no one hears it, can you still unlawfully retaliate against it?

Question: One of our male supervisors wants to fire a female employee who complained that he was sexually harassing her. The harassment allegations appear to have some substance: he asked her for pictures of herself in a bikini; told her to “stay off [her] knees,” which she viewed as sexual innuendo; and told her that her regulation length shorts were too short. Also, the grounds for termination (driving a vehicle with the door open, creating a safety hazard) have been overlooked in other situations. We are a little worried that she will claim we are retaliating against her for the sexual harassment complaint.  But the supervisor says he never heard about the sexual harassment complaint.  So, if he didn’t know about the complaint, he could not possibly retaliate against her on the basis of that complaint, right?  You could get this case thrown out before it ever went to trial, right?

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