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Retaliation

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Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017
When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

Beware small changes that could be retaliation

10/18/2017
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

Fixing harassment? Let complainer know

10/16/2017
When responding to a harassment complaint, be sure to let the worker who complained know what steps you are taking. Acting behind the scenes while telling your employee to “deal with it” himself is one of the worst things you can do. That’s courting a retaliation lawsuit.

What can I do about an employee who files a workers’ compensation claim?

10/06/2017
Q. May I terminate an employee for filing a workers’ compensation claim?

Prepare to counter retaliation claim after child abuse report

10/06/2017
Under Texas law, employees who report alleged child abuse are protected from retaliation for doing so. Being discharged within 60 days after such a report creates a rebuttable presumption that retaliation occurred. Be prepared to rebut that presumption if you decide to terminate the employee within that time frame.

Stress lawsuit OK’d even after workers’ comp

10/03/2017
The workers’ compensation system is supposed to make it easy for employees who are injured at work to get benefits. They don’t have to sue: If they can prove they were hurt at work, they receive benefits.

After Minnesota Supreme Court ruling, new rules for whistleblowers

09/26/2017
A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.

When workers’ comp, illegal status collide

09/26/2017
Federal law requires employers to verify that employees are eligible to work in the United States. It’s unlawful to knowingly hire anyone without authorization. But what happens if an employee’s ineligibility is only discovered in the course of investigating a workers’ compensation claim?

Court: Nursing mom entitled to light duty

09/21/2017
In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.

DOL visiting? Don’t bar employee who complained

09/07/2017
When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond. The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.
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