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Retaliation

In tough cases, safety first: Attempted suicide at work grounds for discharge

09/14/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or themselves. While suicidal behavior may indicate an employee is suffering from a serious health condition under the FMLA or a disability under the ADA, it isn’t an excuse for violating safety rules.

The pendulum swings back: More courts hesitate to interfere with minor job changes

09/14/2009

Shortly after the U.S. Supreme Court made it easier to prove retaliation by lowering the standard for what it would consider an adverse employment action, courts were finding retaliation in seemingly minor management decisions. As the following case shows, that’s not happening as much anymore.

Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

09/10/2009

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA. In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request.

Handle ‘uncooperative’ complainer with care

09/08/2009

Employees who complain they’re being discriminated against sometimes seem less than cooperative once you start investigating their claims. If that happens, don’t be too quick to discipline that employee for hindering your fact-finding effort.

Messed up? ‘Fess up! Honest mistakes aren’t evidence of bias

09/08/2009

Sometimes, it’s best to just come clean. Even the best HR pros make mistakes when promoting or hiring employees. When that happens, and another employee sues, alleging that the hiring or promotion process was tainted by discrimination, it may be a good idea to admit that mistake to the court or the EEOC.

Get it in writing! You need consistent, persistent documentation

09/08/2009

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

Retaliation applies to former employees, too

09/08/2009

Here’s a potential trap you may not have considered: Punishing a former employee may be retaliation, too. That means that you must carefully consider anything you do involving a former employee before you act.

Stop legal bait-and-switch by documenting, retaining copies of employee complaints

09/02/2009

Employees who engage in some form of protected activity—such as filing an EEOC complaint, participating in a discrimination case or complaining about possible discrimination to the company—are protected from retaliation for doing so. But often employees who complain about one thing end up suing on entirely different grounds …

When settling, consider adding a ‘no return’ clause

09/02/2009

Sometimes, it may seem like a good idea to simply settle a case and move on—especially if the case is taking up lots of time. Before you agree to a settlement amount, consider whether you really want the employee to stay with your organization.

Employee sued and now she’s back at work? Don’t walk on eggshells for fear of retaliation

08/28/2009

You know it’s illegal to retaliate against an employee who returns to work after winning or settling a lawsuit against you. But that doesn’t mean management has to be afraid of her, worrying that she’ll perceive every little slight as the organization’s way of getting back at her. As the following case shows, employees can’t cry retaliation for the little stuff.