Retaliation

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019

Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.

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.