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Arizona

Serial complainer cries harassment? Investigate every allegation

04/23/2013
An employee can lose a sexual har­­assment lawsuit and still win on retaliation if she can show she was fired for complaining about harassment. Don’t let that happen to you.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Court gives EEOC employee another chance to sue

08/21/2012
The 9th Circuit Court of Appeals has given a government employee another shot at a discrimination lawsuit. The case highlights how complicated the litigation process has become, since apparently even the EEOC doesn’t know the rules.

Specifics matter when workers allege discrimination

08/21/2012

Employees who complain to their employers about discrimination are usually protected from retaliation. But they must at least mention the sort of discrimination at issue. Simply protesting that an evaluation wasn’t fair won’t do the trick.

Reconsider if complaint that led to firing is recanted

07/24/2012
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Top management wants to ax ‘troublemaker’? Beware wrongful termination retaliation

07/01/2012
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.

Shuttering related business won’t stop union organizing

06/20/2012
Think twice before shutting down one of several related businesses just to stop the spread of pro-union sentiment. It’s likely to prompt a lawsuit, and a court may well take organized labor’s side.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.