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Discrimination / Harassment

Outrageous claims? Let legal process play out

04/03/2012

Employees and their lawyers can make some outrageous allegations in lawsuits. It may be part of an effort to get publicity, or maybe it just re­­flects the employee’s subjective per­­ception of what happened instead of objective reality. Either way, don’t panic. Chances are, the case will be tossed out when the judge sees there’s no substance to the allegations.

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Poor performer? Give examples during review

04/02/2012
Not every new hire works out—including applicants who looked promising or at least competent during the interview process. You’ll want to give the employee a chance to improve, but you’ll also want to protect the company in the event of a lawsuit. Providing a detailed and thorough performance review that includes specific examples and suggestions will help.

AC contractor chills and settles sexual harassment claim

03/30/2012
Hobson Air Con­­di­­tion­­ing, a Weatherford contractor, has agreed to pay $37,500 to settle charges that a manager created a sexually hostile work environment.

Is it really whistle-blowing? Not without good faith

03/30/2012

Some employees think that throwing around a few unfounded allegations makes them whistle-blowers. They assume that by reporting what they think is illegal activity, they gain job protection. That’s not always true. If the alleged misconduct isn’t reported in good faith, there’s no protection.

Treat arbitration like any other litigation

03/30/2012
Employers sometimes assume that because a case is in arbitration, they don’t have to take the case as seriously as they would during courtroom proceedings. That can be a big mistake.

Citibank settles age discrimination complaint for $500,000

03/30/2012
The Financial Industry Regulatory Authority (FIRA) has ruled Citibank violated state anti-discrimination laws when it fired Edward Laurence Bowne in 2008—and ordered the bank to pay Bowne $500,000 in compensation.

Thorough investigations win discharge lawsuits

03/30/2012
While you can fire an at-will employee for any legal reason or no reason at all, your best bet is to conduct a thorough and fair investigation. It’s much easier to persuade a judge that a discrimination complaint is meritless if you can point to records showing exactly why you fired the worker.

Don’t let complaint derail improvement plan

03/30/2012

Some employees seem to believe they can stop disciplinary action just by complaining about alleged discrimination. That isn’t true. A supervisor who has begun a push for improvement can and should continue with the effort despite the complaint. There’s no reason to worry that legitimate management amounts to retaliation.

Courts give benefit of doubt to pro se plaintiffs

03/29/2012
Some employees act as their own lawyers, something that can put employers at a disadvantage. That’s because courts bend over backward to make sure an unrepresented litigant gets his day in court.