Employee Survival Guide® - The $12 Million Whistleblower: Hemant Modi v. General Electric

Episode Date: March 13, 2025

Comment on the Show by Sending Mark a Text Message.This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational fo...rmat using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!A shocking email revealed General Electric executives' plan to terminate an employee regardless of his actions - a smoking gun that led a jury to award over $12 million in damages in one of the most significant workplace retaliation cases of recent years.Hemant Modi, an accomplished electrical engineer with a PhD, found himself caught in an increasingly hostile work environment after filing a discrimination complaint alleging he was passed over for promotion due to his age and minority status. What followed was a textbook case of workplace retaliation - increased scrutiny, special rules applying only to him, performance improvement plans, and ultimately, termination.The case takes us deep into the mechanics of workplace discrimination and retaliation, revealing how power dynamics can create impossible situations for employees who speak up. When Modi's supervisors documented his every move, criticized his work performance, and implemented new attendance requirements specifically targeting him, they created a paper trail meant to justify his eventual termination. But their own internal communications betrayed their true intentions when an email emerged showing they planned to fire Modi no matter what he did upon returning from medical leave.The jury's verdict and the subsequent legal battle provide crucial insights for both employees and employers. For workers, Modi's case underscores the vital importance of documenting everything and understanding your legal rights. For companies, it serves as a sobering reminder that retaliatory actions can lead to devastating financial and reputational consequences. The judge's detailed analysis of what constitutes appropriate punitive damages offers a fascinating glimpse into how courts evaluate corporate misconduct and determine appropriate penalties.What can we learn from this landmark case about creating truly fair workplaces? How can organizations build cultures where people feel safe reporting concerns without fear of retaliation? Listen now to explore these crucial questions and discover why this case matters for anyone navigating today's complex workplace dynamics. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

Transcript
Discussion (0)
Starting point is 00:00:00 Hey, it's Mark here and welcome to the next edition of the Employee Survival Guide where I tell you, as always, what your employer does definitely not want you to know about and a lot more. All right, you guys sent us a fascinating set of documents for this deep dive. Court rulings, motions, even some pieces of the trial transcript. This is a deep dive into a claim of workplace discrimination and retaliation. You know what's interesting about this one is that this case actually went all the way to a jury trial, which is pretty rare.
Starting point is 00:00:38 And the outcome, well let's just say the company probably wasn't expecting it. Yeah, the jury awarded the plaintiff a guy named Himant K. Modi over $12 million. But that's not even the whole story. I know, right? There are so many twists and turns in this case. Yeah, this case is a roller coaster. The legal maneuvering after the verdict is it's almost as dramatic as the trial itself. Okay, so let's start at the beginning.
Starting point is 00:01:02 Who was Himant Modi and why was he suing the giant General Electric? So Himet Modi was an electrical engineer. He had a PhD, very accomplished. He started working at GE Industrial Systems, we'll call it GEIS for short, back in 1988 as a chief engineer. A senior role, but not quite at that executive band level, which is where he really wanted to be. Ah, the executive band. I'm guessing that comes with a pretty hefty pay raise and a whole lot of prestige. Exactly. And that's kind of where the seeds
Starting point is 00:01:32 of this conflict were sown. Initially, Modi received pretty good performance reviews. His supervisor at the time, Guillermo Will, even praised his technical expertise. So what went wrong? If his boss was happy with his work, why didn't he get promoted? Well, Will also mentioned some concerns about Modi's managerial and interpersonal skills in those early performance assessments. He consistently gave him a B rating,
Starting point is 00:01:58 you know, basically average. Okay, so maybe not stellar reviews, but decent enough, right? Did they ever give him a chance to improve in those areas? Yeah, actually they did move him to another position. Same level though, but his ambition to reach that executive band, well, that never really faded. Both Will and Modi's next supervisor, Don McDonald, they acknowledged that he'd made his aspirations pretty clear. So the desire was there, but the promotion never came. I can see how that might lead to some frustration, you know, feeling stuck. Totally. And then in 2002, things start to heat up. Modi started noticing younger white employees being promoted ahead of him. And he began to suspect that maybe he was being discriminated against because of his age and his background.
Starting point is 00:02:41 That's a tough situation to be in. Did he have any concrete evidence to back up his suspicion? Well, he pointed to specific instances where he felt people with less experience were promoted over him. He also highlighted a GE salary guideline that, if applied strictly, could potentially disadvantage more highly compensated and often older employees. Interesting. So even if there wasn't like outright intentional discrimination, the system itself might have been working against him. Yeah, that's a point worth considering for sure. Also, we know that GEIS personnel files actually did include information about employees age and minority status. So whether these factors
Starting point is 00:03:20 were intentionally used or not, they were definitely part of the picture. Okay, that's a bit unsettling. So what did Modi do about it? Did he just grin and bear it? Oh, he did not. In July 2002, he wrote a memo to Tom Laval, the GEIS human resources manager, formally alleging discrimination based on age and his minority status. He specifically referenced those instances where he felt less qualified candidates were promoted ahead of him. That's a brave move. Going up against a company like GE, that's no joke. What was their response? Well, Lavelle responded to the memo, and he claimed that those other employees had different job functions, essentially dismissing Modi's concerns. He denied any discrimination was taking place.
Starting point is 00:04:02 So they basically shut him down. Well, not entirely. It's important to note that LaValle did say he'd treat the memo as a formal dispute resolution attempt. So GE was acknowledging the complaint, even if they weren't necessarily taking it all that seriously. Okay, so some process was followed, even if the outcome wasn't what Modi hoped for. But here's where things get really interesting, right? After Modi's complaint, things at work took a bit of a turn. What happened? This is where things get messy.
Starting point is 00:04:28 His supervisors, LaValle McDonald and the general manager, Chris Fusilier, they started scrutinizing his every move. What do you mean by scrutinizing? Were they just keeping a closer eye on him or was it more than that? It was definitely more than just keeping an eye on him. They began tracking his attendants very closely, which is interesting because Modi actually
Starting point is 00:04:47 required daily dialysis and sometimes had to come in late. He used vacation time to cover those late arrivals, but his supervisors started sending emails expressing concern about his attendance anyway. Huh, that seems a little suspicious, especially since he was using his allotted time off. Was there anything else? It gets worse. They began criticizing his work, gave him a poor performance review in October, and they even implemented a new rule requiring him to be at work no later than 8 0 a.m.,
Starting point is 00:05:15 which wasn't a rule before his complaint. Wow. So they're really turning up the heat. Did they have any evidence that his work had actually declined, or was this all just to build a case against him? It's it's hard to say for sure But on October 30th McDonald created a written record of alleged performance and attendance issues for Modi's personnel file. This was after the complaint remember
Starting point is 00:05:38 Okay, so they're documenting this negative perception. Even if it's not clear that his work had actually changed What did Modi do in response to all of this? Well, he tried to transfer to another department, but he was told he wasn't eligible because he hadn't been in his role for two years. Meanwhile, Lavall and McDonald decided to put him on a performance improvement plan, or PIP, after consulting with GE's in-house counsel, Grace Hahn. Now, a PIP can be a legitimate tool, right, to help employees improve. But in this context, it definitely raises some red flags. Was there any indication that Modi's performance actually warranted a PIP before his discrimination complaint?
Starting point is 00:06:17 That's the question, isn't it? The timing of the PIP coming right after his complaint certainly makes you wonder. This is the kind of thing a jury would later scrutinize. It looks an awful lot like retaliation. Yeah, the timing is very suspect. It's almost like they were trying to set him up for failure. So what happened next in this saga? Well, in November, Modi was denied permission to attend the GE leadership conference, and he was asked to compile a list of tasks to justify his position. The pressure was really mounting.
Starting point is 00:06:44 It seems like they were trying to isolate him and undermine his position within the company. But was there a specific incident that ultimately led to his termination? There was. In December, a younger, more junior colleague named Heather Pugliese, she emailed Modi asking him to drive the DOE, the Department of Energy's submittal and funding approach, for a technology he had developed. Okay. That sounds like a pretty standard task, especially for someone with Modi's experience. Why was that a problem? Well, Modi viewed this task as, you know, menial and inappropriate for someone at his level.
Starting point is 00:07:17 He refused to do it, and even responded to Puglis with a, well, let's just say a rather sarcastic email. Ah, okay. So refusing to do this seemingly simple task, is that what got him fired? Well, it set off a chain of events. McDonald reprimanded him for refusing to do the work. And Modi countered, saying that this DOE funding request was retaliation for his earlier discrimination complaints. So he's saying the work assignment itself
Starting point is 00:07:42 was retaliatory. That's a bold claim. It is. He then complained to Laval again, who via email reprimanded Modi for refusing to do the work and demanded more specifics about the alleged discrimination before he'd investigate further. So at this point, tensions are high. Communication is completely broken down. What happened next? Understandably stressed, Modi called in sick for the next two days and ultimately took FMLA leave for his health issues. And this is where things get really juicy.
Starting point is 00:08:12 While Modi was on leave, McDonald emailed Laval asking about the next steps for dealing with Modi. And get this, Laval replies, nothing to do until he comes back to work. Then we act per our previous discussion. Do the work requested. If no, suspend then terminate. If he does the work, LOW, lack of work, due to business need to reduce costs. Hold on, that email is, that's huge.
Starting point is 00:08:35 They were planning to fire him regardless of what he did when he came back. That's what it looks like. It's like they were setting a trap. And that email, well, that's the smoking gun. Wow, unbelievable. So what happened when Modi returned from leave? Well, that's a story for part two of this deep dive.
Starting point is 00:08:49 Picking up where we left off, Modi came back to work. You know, walked right into the trap. His supervisors, it seemed, had set for him. And that email exchange where they discussed firing him no matter what, you know, to prove retaliation, the action taken by the employer has to be what's legally called materially adverse. Can you unpack that term a bit? What does that mean in this context?
Starting point is 00:09:12 Basically, materially adverse means the action was significant enough to discourage a reasonable person from making a complaint in the first place. You know, like imagine filing a discrimination complaint and suddenly you're put on a performance improvement plan or, you know, scrut imagine filing a discrimination complaint and suddenly you're put on a performance improvement plan or you know scrutinized for every little thing. Even worse, threatened with termination. It's a pretty strong message, don't you think? Like don't speak up. Oh yeah, definitely. Creates this atmosphere where people are afraid to report anything because they're worried about you know the repercussions. Exactly, it's called a
Starting point is 00:09:41 chilling effect. And the judge in this case found that GE's actions were definitely materially adverse, which was a big win for Modi. It showed the court understood the seriousness of what GE had done. So back to Modi's return. He's back at to complete that DOE funding task, the one Modi considered beneath him. And you know, McDonald was very clear that refusal would be considered insubordination, which could lead to disciplinary action. So they were really backing him into a corner, knowing he'd likely resist. It really seems that way.
Starting point is 00:10:22 Modi, sensing this trap, went straight to Fusilier, arguing the work was retaliatory. Fusilier's response. He had to do it unless it was quote illegal, unethical, or immoral, end quote. They even suggested he resign. Wow, so not only are they, you know, allegedly retaliating against him, but then they tell him to resign. It's like add insult to injury, you know. So what did Modi do? Modi, faced with this impossible situation, took a half day of vacation that afternoon and didn't return the next day. McDonald immediately suspended him without pay,
Starting point is 00:10:54 pending further investigation. Would that investigation ever happen? It doesn't seem so. Instead, McDonald's sent a letter stating that if Modi didn't return to work by March 7th, he'd be terminated But there was an address error. So Modi didn't actually get the letter until March 10th Oh, no, so he was essentially fired without even knowing about the deadline. Exactly. He didn't return by the deadline, which again
Starting point is 00:11:18 He didn't know about so McDonald sends another letter on April 4th Officially terminating Modi backdated to March 7, for insubordination and job abandonment. It's almost unbelievable how this just seems to keep getting worse for GE. Not only did they seemingly plan to fire him, but then they didn't even give him a proper chance to respond. Yeah, this is where that mountain of legal documents he sent us comes in. You know, the trial transcripts, they're fascinating. They really bring all of this to life. I bet they do. So the trial took place in July 2006. What was the atmosphere like?
Starting point is 00:11:51 Tense. You know, remember, Modi is claiming that he was retaliated against for speaking up about discrimination. Everything, the scrutiny, the bad reviews, the work assignment, you know, the suspension and then the termination. He's saying it was all because he filed that complaint. And what's GE's defense? Are they denying any wrongdoing at all? They're saying that his termination was purely because of insubordination and job abandonment. They're trying to paint this picture of him being a difficult employee who refused to do his job. But remember that email from Lavelle to McDonald where they're you know talking about firing him before he even returns from leave? That email became a key piece of evidence in the trial. Oh I bet that's
Starting point is 00:12:30 like handing the other side like a loaded gun. So what did Modi's lawyers do with it? They argued very effectively that the email showed that GE was looking for any excuse, any excuse at all to fire Modi. That their intent was to retaliate against him for filing that discrimination complaint. That's huge. So it's up to the jury to decide who to believe, what was their verdict. They sided with Modi. They found in his favor on all three of his retaliation claims based on race, national origin, and age. They didn't buy GE's story, and that email was likely a big reason why. So that's a big win for Modi. Not only did they believe him, but they sided with him
Starting point is 00:13:09 on all three counts of retaliation. It seems like a pretty clear-cut case. It does, but it doesn't end there. The jury also had to decide on damages. And this is where things get really interesting. They awarded him nearly $600,000 in back pay, $500,000 in compensatory damages for emotional distress, and get this, $10 million in punitive damages. $10 million. Wow. Can you explain to our listener what punitive damages are and why they were awarded in this case? Punitive damages, they're meant to punish the defendant for really bad behavior and deter them and others from doing the same
Starting point is 00:13:45 thing in the future. It's basically the court saying. So in this case, the jury was saying that GE's actions were so bad that they needed to be made an example of. Yeah, exactly. And because they found that GE intentionally violated age discrimination laws, something called liquidated damages, were added on top of everything else. The total judgment, a staggering $12.5 million. So at this point, Modi has been vindicated, the jury has sided with him, and he's been awarded a massive amount of money. So case closed, right?
Starting point is 00:14:21 Not quite. GE wasn't going down without a fight. They filed what are called post-trial motions, asking the judge to reconsider. They were basically arguing that, one, the verdict was wrong, or, two, even if it wasn't, the damages were way too high. So we're on to round two of this legal battle. What were their main arguments for trying to get the verdict overturned or the damages reduced? They tried a few different things. First, they claimed that Modi actually abandoned
Starting point is 00:14:47 his job by not returning to work after his suspension. You know, they were saying that their demand for him to do that DOE funding task, that was reasonable and his refusal to do it justified his termination. So they were trying to shift the blame back onto Modi, making it seem like he was the one who walked away from the job. Exactly. They also argued that they were just following the advice of their legal counsel, Grace Hahn, throughout the process. This is a pretty common defense tactic. It's called the advice of counsel defense. Companies often try to shield themselves from liability by
Starting point is 00:15:21 claiming they were just doing what their lawyers told them to do. Did they provide any specifics about the advice they received? You know, did they actually show that their lawyer told them to do these things? Unfortunately, no. The corrupt documents don't go into detail about what specific advice Han gave. And that lack of detail actually hurt GE, because the judge said, essentially, if you're going to claim you were just following your lawyer's advice, you need to show me what that advice was. So their attempt to use the advice of counsel defense kind of backfired. What else did they try? Their third and maybe most significant argument was that that ten million dollar punitive damage award
Starting point is 00:15:57 was excessive and unconstitutional. They were saying the jury went too far and the amount was so high it violated their rights. That's interesting. I know there are rules about punitive damages and when they're appropriate. How did the judge approach this? The judge used guidelines established by the Supreme Court. They're called guideposts to evaluate whether the punitive damages were fair and reasonable. These guideposts help judges figure out, you know, is a punitive damage award appropriate? And is it within the limits of the Constitution? So can you break those down for us? I think our listener would really appreciate a deeper dive into how that works. Sure. The first one, and probably the most important, is the degree of reprehensibility of the defendant's conduct. It's really looking at how bad were the defendant's actions. Were they intentionally malicious or deceitful? Did they cause physical or economic harm?
Starting point is 00:16:50 The more reprehensible the conduct, the higher the punitive damages can be. So in this case, how did the judge assess the reprehensibility of GE's actions? Was it a slam dunk for Modi or did GE have some valid points? The judge acknowledged that GE's behavior was pretty bad. He pointed out that Modi endured a long campaign of retaliation, that his supervisors knew about his health condition, the dialysis, and that their actions ultimately cost him his livelihood. So those were all big points against GE.
Starting point is 00:17:20 It doesn't sound good for GE. It seems like the judge was really taking their actions seriously. He was, but it wasn't a complete loss for GE on this one. The judge did note that their actions did involve physical violence or endanger a large group of people. So that actually tempered the degree of reprehensibility a little bit. Okay. So, point one, kind of, for Modi, but with a caveat for GE.
Starting point is 00:17:44 What about the second guidepost? What did that focus on? The second guidepost is the disparity between the punitive damages and the actual or potential harm to the plaintiff. It's basically about proportionality, making sure the punishment fits the crime. The court looks at the ratio between the punitive damages and the compensatory damages to figure out if the punitive damages and the compensatory damages to figure out if the punitive damages are excessive. Is there a specific ratio that the courts consider fair, you know, like a magic number?
Starting point is 00:18:13 There's no hard and fast rule, but the Supreme Court has generally said that ratios exceeding single digits are often problematic, especially, you know, when the compensatory damages are already high. They've suggested that a four-to-one ratio is about the limit of what's constitutionally okay. So a four-to-one ratio is kind of like a yellow light. Not necessarily a violation, but getting close to the line. What was the ratio in Modi's case?
Starting point is 00:18:36 In Modi's case, the initial $10 million punitive damage award compared to the roughly $1.15 million in compensatory damages, meaning for back pay and emotional distress, was nearly nine to one. Wow. That's more than double what the Supreme Court has suggested. Did the judge agree that was too high? He did. He ultimately decided that the ratio was excessive and needed to be adjusted. Okay. Two down, one to go. What's the third guidepost that the court uses? The third one compares the punitive damages awarded by the jury to civil penalties that
Starting point is 00:19:06 could be imposed for similar misconduct. It's basically a check to see if the punishment is in line with what the law already allows for this type of behavior. And this one got a bit tricky in Modi's case because remember, he sued under multiple laws. Right. He sued under Title VII, the ADEA, the Connecticut Fair Employment Practices Act, and Section 1981 of the Civil Rights Act of 1866. Did those have different penalties? They did. Title VII and the ADEA have caps on damages, meaning there's a limit to how
Starting point is 00:19:36 much can be awarded. But Section 1981 is different. It doesn't have a cap on punitive damages. So theoretically, the jury could have awarded an unlimited amount. So the judge had to balance the fact that some laws had limits while one didn't. Yes. And in the end, he determined that even though $10 million was a lot, it wasn't totally out of line given that there's no cap under Section 1981. So after considering all three of these guideposts, what was the judge's final decision? Did he hold the jury's verdict? He did, mostly. He agreed that GE had retaliated against Modi and that the compensatory damages
Starting point is 00:20:10 for back pay and emotional distress were justified. But what about the big question, the punitive damages? Did he keep the 10 million? He did not. Based on that second guidepost, the ratio, he reduced the punitive damages to five million dollars. He felt that this amount was still high enough to punish GE and deter future misconduct, but you know it wasn't so high that it would be considered unconstitutional. So kind of a partial victory for both sides. Modi still got a significant award, but GE got the punitives reduced. You could say that, but this case has one final twist and it's a heartbreaking one. Sadly, after the judge made his that, but this case has one final twist, and it's a heartbreaking one. Sadly, after the judge made his ruling, but before the appeals process could even start,
Starting point is 00:20:51 he met Modi passed away. Oh wow, that's so sad. After fighting so hard, he didn't even get to see the end of it all. Did that have any legal impact on the case? It did. GE argued that because Modi had died, the case should be dismissed or the very least, you know, the damages should be reduced even more. But the judge disagreed. He ruled that the award would not be affected. He said that Modi had
Starting point is 00:21:15 won the case while he was alive and the money would go to his estate. That must have been some comfort to his family knowing that that his fight wasn't in vain. Yeah, it was a bittersweet victory for sure. OK, so this case really is a roller coaster. But there's there's still one piece of the puzzle we haven't talked about yet. Remember all those other claims that Modi initially made, the ones that the judge dismissed before the trial? What happened to those? Right. So those claims were based on statements that were supposedly made by Indra Perkayasta,
Starting point is 00:21:46 the GE executive who hired Modi. Modi claimed that Perkayasta had made promises about quick promotion within GE if he performed well. So he was basically arguing that those statements were like a contract, and GE breached that contract when they didn't promote him. Exactly. He was using this legal concept called promissory estoppel. That's where a party can recover damages if they relied on a promise to their detriment, even if there wasn't a formal contract.
Starting point is 00:22:15 Right. He's essentially saying, I always promised these things. I relied on those promises. And I suffered because those promises weren't kept. But the judge dismissed those. Right, he did. He said that Procas's statements were too vague to be considered a clear promise.
Starting point is 00:22:32 That they were more like expressions of hope or encouragement rather than a legally binding commitment. So those claims, they didn't make it to the trial. So it seems like Modi's lawyers were really throwing everything they had at GE, trying every possible legal argument. Yeah, that's pretty common in these types of cases. to the trial. So it seems like Modi's lawyers were really throwing everything they had at GE, trying every possible legal argument. Yeah, that's pretty common in these types of cases.
Starting point is 00:22:50 Sometimes it's about, you know, leaving no stone unturned, and sometimes it's a strategy to put more pressure on the defendant. So we've covered so much ground here. We've seen how, you know, a request for a promotion turns into a discrimination complaint, then a lawsuit, and then this whole legal battle with millions of dollars at stake. What are some of the big takeaways here from Modi's case? That's a great question, and one we'll discuss after a quick break.
Starting point is 00:23:14 Stay with us. Let's take a quick break. It's Mark, and we have a new product for you. It's called the Employee Survival Guide or Employeesurvival.com. And it's a site that you can obtain PDF products that I created myself. I was spending too many hours, way too many researching and writing about, for example, the performance improvement plan or beating them. And the second one about negotiating severance negotiation agreements, two of the most important
Starting point is 00:23:44 topics that we see in terms of the web traffic and podcast traffic we have. So check out Employeesurvival.com and see if this can try to help you and you don't need an attorney to use it. Thank you. Welcome back to the Deep Dive. We've just journeyed through the many twists and turns
Starting point is 00:24:07 of Himmat Modi's legal fight against General Electric. It's a case that shows us how tough it can be to stand up to your employer, especially when it's a big corporation like GE. It really highlights the importance of knowing your rights as an employee and being aware of what can happen if you do decide to speak up. Right, because while we have legal protections against these things, Modi's case shows that it's not always easy. It raises a lot of questions about what really goes on
Starting point is 00:24:33 at work behind the scenes, what's not always visible. This isn't just about Modi and GE. This case gives us a glimpse into the power dynamics that you see in so many workplaces, you know, where people can feel pressured or intimidated or even silenced. Think about it. Modi's supervisors, they scrutinized every little thing he did. They documented everything. They basically made him feel like he had no way out. It's a reminder that even small actions, you know, things that might seem insignificant,
Starting point is 00:25:01 if they're done by someone in a position of power, they can have a huge impact on an employee, especially if that employee already feels vulnerable. So what can we all learn from this? What are the key things people should take away from all of this, both for employees and employers? For employees, I think the most important thing is to know your rights, understand what is considered discrimination and retaliation. And, you know, don't be afraid to speak up if you think something's wrong. But be prepared. Document everything. Right.
Starting point is 00:25:30 Speaking up is important, but as we saw, it can be risky. What advice would you give someone who's worried about retaliation? How can they protect themselves? Document document document. Every single thing. Keep a record of every incident, every conversation, any email, anything you think might be discriminatory or retaliatory. Dates, times, names, details, write it all down. It can be incredibly helpful if you need to make a complaint or take legal action. It's so much harder for a company
Starting point is 00:25:56 to argue with a clear written record. That's really practical advice. What about employers? What can they do to create a better workplace environment where these types of situations are less likely to happen, you know, where people feel respected and safe? It starts with communication. Create a culture where people feel comfortable speaking up without fear of punishment and have a clear process for addressing concerns and make sure that process is easy to understand and easy to use.
Starting point is 00:26:24 But it's not enough to just have a process, you have to actually follow it, consistently and fairly. So it's about walking the walk, not just talking the talk. Exactly. And training is key. Make sure that managers and employees, everyone, knows their rights and responsibilities. They understand what discrimination and retaliation are
Starting point is 00:26:42 and the potential consequences. You really have to create a culture where people are aware and accountable for their actions. It seems like this case is about so much more than just legal stuff. It's about human relationships and creating workplaces where everyone feels safe and respected. Absolutely.
Starting point is 00:26:58 This case shows us that even now in the 21st century, the fight for equality and justice, it's still going on. And it's a fight that requires us to be aware and committed to creating workplaces where these kinds of situations just don't happen. So this deep dive wasn't just about one legal case, it was about, you know, the complexities of the workplace and the importance of making sure everyone has a fair chance. This case shows us that we all have a role to play in creating a more just world. And it starts with the places where we work, you know, where we spend so much of our time.
Starting point is 00:27:30 As we wrap up this episode, we want to leave you with some things to think about. What responsibilities do companies have to make sure their workplaces are fair and inclusive? And what can each of us do to make sure everyone has a chance to thrive, no matter their age, race, or background? Joe Keltner Thanks for joining us on this journey. We hope you found this deep dive helpful, and that it's given you a new perspective on the challenges and complexities of the workplace, and the fight for justice and equality, you know, a fight that we're all part of. Danielle Pletka And until next time, keep on diving deep.
Starting point is 00:28:03 Joe Keltner Picking up right where we left out, you know, a lot of food for thought here. A request for a promotion turns into a discrimination complaint. Then a lawsuit, millions of dollars. Oh, what are the big things we should remember from Modi's case? I mean, it's a lot, right? But for me, I think the biggest takeaway is how important it is to understand your rights as an employee. Like, you need to know what discrimination and retaliation are.
Starting point is 00:28:27 You need to know what's okay and what's not okay. And you need to know what to do if something does happen. Right. And Modi's case, I mean, it shows that it can be scary to speak up even when you know you're right. Yeah. It definitely highlights that. While there are laws in place to protect people, it's not always easy.
Starting point is 00:28:42 Exactly. And his story, you know, it makes you think about what goes on behind closed doors, at so many workplaces, you know, things we don't even see. This case isn't just about Modi and GE. It's a window into what happens in a lot of places, the power dynamics, you know, where people can feel pressured or even, you know, afraid to speak up. It's like, just remember how those supervisors zeroed in on him documented every little thing They really put him in an impossible position and it's it's important to remember that even small actions You know things that might not seem like a big deal on their own can have a huge impact
Starting point is 00:29:18 Especially when it's coming from someone in a position of power and the employee already feels like they're walking on eggshells. So what can we all learn from this? What should people take away, both employees and employers? Okay, for employees, the most important thing is to know your rights, understand what discrimination is, what retaliation is. Don't be afraid to speak up if you think something's not right, but be prepared and document, document everything. Speaking up is and document, document everything. Speaking up is so important, but as we saw in this case, it can backfire. What advice
Starting point is 00:29:50 would you give to someone who's, you know, worried about what might happen if they do speak up? Document every single thing, every incident, every conversation, every email, anything that could be considered discrimination, retaliation, write it all down. Keep track of dates, times, names, details. It's your best protection if you ever need to file a complaint or go to court. Because a company can't easily dispute a clear written record. That's really good advice. What about employers? What can they do? How can they create a workplace where this kind of stuff doesn't happen?
Starting point is 00:30:21 Where people feel safe and respected? It starts with communication. Creating an environment where people feel safe and respected. It starts with communication. Creating an environment where people feel comfortable speaking up without being afraid of being punished or retaliated against and having a process for dealing with complaints. You know, make it easy for people to understand how it works. But just having a process isn't enough. You have to use it.
Starting point is 00:30:43 You have to actually follow it and be consistent and fair. So it's not just about policies. It's about how you actually treat people, right? Yes. It's about putting those policies into practice. And then training is so important. Managers, employees, everybody, they need to understand what discrimination and retaliation are,
Starting point is 00:31:01 what the consequences can be. Create a culture where everyone's aware and they know they're accountable. So it's not just about legal stuff, it's about how we treat each other, basic human decency, right? Exactly. Modi's case, it shows us that the fight for equality
Starting point is 00:31:13 and justice is still going on. It takes all of us being aware, being committed to making sure that everyone has a fair chance that these types of situations, they just, they become unthinkable. Yeah. This deep dive, it's not just about this one case, but about all the things that need to change. It's about all of us doing our part to make things better, starting with where we work, where we spend so much of our lives.
Starting point is 00:31:38 As we wrap up, we just want to leave you with some things to think about. What can companies do to create workplaces that are truly fair and inclusive for everyone? What can each of us do as individuals, as co-workers, as leaders to make sure everyone has the chance to succeed no matter who they are or where they come from? We're all in this together and we hope that this deep dive has given you some new insights into the challenges that we face and how we can work together to overcome them. Thank you for joining us on this journey. We'll see you next time for another deep dive.
Starting point is 00:32:11 If you like the Employee Survival Guide, I'd really encourage you to leave a review. We try really hard to produce information to you that's informative, that's timely, that you can actually use and solve problems on your own and at your employment. So if you like to leave a review anywhere you listen to our podcast, please do so. And leave five stars because anything less than five is really not as good, right? I'll keep it up. I'll keep the standards up. I'll keep the information flowing at you. If you'd like to send me an email and ask me a question, I'll actually review it and post it on there. You can send it to mcaru at capclaw.com.

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