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Retaliation

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.

Trying to encourage resignation can backfire

12/05/2019
Some supervisors mistakenly believe that it won’t have any consequences if they can convince an employee to quit. That’s not true.

FEHA retaliation must be tied to legit FEHA claim

12/02/2019
Workers who complain about discrimination that’s illegal under California’s Fair Employment and Housing Act are protected from retaliation. Making an initial complaint qualifies as protected activity. But not every complaint is protected.

SOX whistleblower claims must be filed with feds

11/25/2019
The 2nd Circuit Court of Appeals has clarified what employees must do before taking Sarbanes-Oxley Act whistleblower claims to federal court. Employees must first file a complaint with the appropriate federal regulatory agency within 180 days of the alleged employer wrongdoing.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019
If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019
When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.