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Retaliation

Have manager who hired also do the firing

03/05/2020
Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

Snapshot: States where EEOC retaliation charges are most likely

03/03/2020
Employees who filed EEOC complaints in 2019 were most likely to include a retaliation claim if they worked in these five states.

Warn supervisors: Never harass or retaliate against workers who take FMLA leave

03/02/2020
Train your supervisors on all forms of harassment, including harassment against employees who exercise their FMLA rights. Making life difficult for those who have taken or may take protected FMLA leave can backfire badly.

Track who made discipline recommendations

02/10/2020
If you leave discipline and termination decisions to specific managers, be sure to track who has input in those decisions. If you don’t conduct a thorough and independent investigation into the underlying reasons, you may end up rubber-stamping a discriminatory recommendation.

Good records: Your defense against retaliation suits

02/04/2020
Thoroughly document workplace misdeeds. For example, investigate and act on charges of deceit. Records showing you did everything by the book can defeat a retaliation lawsuit.

Details matter when deciding if retaliation occurred

01/15/2020
Workers are shielded from retaliation for engaging in protected activity like complaining about alleged discrimination. Be prepared to show that anything unpleasant they experience isn’t punishment.

Remote workers out-of-state? Prepare to address jurisdictional issues

01/15/2020
These days, it’s not unusual to hire employees who live and work in another state. Telecommuting arrangements raise potential employment law compliance problems for employers.

Coping with New York state’s new employment laws

12/20/2019
As we enter 2020, employers should review their policies and handbooks to make sure they take into account new laws recently enacted or about to go into effect. In particular, new rules make it easier for employees to file and win lawsuits.

OK to revoke job offer for false application

12/20/2019
When you find a promising candidate for an opening, make your offer contingent on passing a background check. If that investigation reveals disturbing information such as including false information on the application, you may revoke the offer.

Asylum for immigrant safety whistleblowers?

12/05/2019
Over the years, courts have ruled that undocumented workers who report unsafe working conditions enjoy many of the same protections as whistleblowers who are U.S. citizens. That doesn’t mean retaliation never happens.