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Retaliation

Fair treatment is your best defense against bias claims

01/11/2019
Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.

Take care when disciplining whistleblowers

01/10/2019
An employer must show it would have taken the same action against an employee even if he had not blown the whistle.

Sometimes, delayed firing won’t stop retaliation claim

01/07/2019
Generally, when a worker claims he was fired for engaging in protected activity, the sooner after the protected activity the discharge occurred, the more likely a court will find that the firing was retaliation. But waiting to terminate doesn’t help if you still reference an earlier event.

Court hearing federal whistleblower case upholds broad arbitration agreement

01/04/2019
A federal court in Texas has upheld a broad arbitration clause, concluding it applies to all claims related to employment.

8th Circuit refuses to entertain sweeping expansion of religious discrimination claims

01/02/2019
The EEOC has argued that merely requesting a religiously based reasonable accommodation is protected activity and that any adverse employment action that follows may be retaliation for making the request. But the 8th Circuit declined the invitation.

A new protected class? Don’t have a cow! Yet

12/11/2018
A British employment tribunal is expected to hear a case brought by a man who alleges he was unlawfully sacked because he is a vegan.

Milton, Pa. truck wash accused of harassment, discrimination

12/06/2018
Eagle United Truck Wash, a national chain, faces charges it permitted severe harassment of a black employee at its Milton facility—and then retaliated against him after he complained.

Fired after using FMLA leave? Expect lawsuit

12/06/2018
Firing an employee while referencing use of FMLA leave may trigger a retaliation lawsuit.

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.

Don’t assign disciplinary points for reporting injuries

11/19/2018
A federal court awarded a machine operator in Wisconsin $100,000 in back wages and compensatory damages after he was fired soon after reporting an on-the-job injury.