Talk Isn’t Always Cheap

We know them well. "A picture is worth a thousand words." "Actions speak louder than words." "Talk is cheap." With sayings like these, it is not surprising that people are careless with what they say or how they say it. Unfortunately, when that happens, words often do matter. This is certainly the case in the employment context.

For example, it is well known that hostile words can create a hostile work environment, actionable by an employee if the language is severe and pervasive. However, we sometimes forget that what is said (and not said) can have important implications in other employment situations. Recent decisions from the Alabama Supreme Court and the Sixth Circuit Court of Appeals demonstrate that inconsistent explanations given to an employee who is being terminated can have adverse consequences.